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(영문) 인천지방법원 2018.06.22 2018고정877
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates ready-mixed chain B.

On November 2, 2016, the Defendant would supply concrete 500 lux or more with concrete another construction that is in progress at the Sinsi-dong, Sinsi-si Logistics Center while making a complainant and telephone call at an office located in the Nam-gu Incheon Metropolitan City apartment complex.

The term "I" made a false statement.

However, the defendant did not have the capacity or intent to supply the complainant with more than 500 concrete.

The accused, as such, had been given 44,090,100 won (not less than 600 lux) at the supply cost of concrete from the complainant, but acquired 26,090,100 won, which is the difference, by means of supplying only concrete equivalent to 18,00,000 won (270 lux).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (EF telephone investigation), investigation report (GH telephone investigation of the company), investigation report (J telephone investigation of the I company); and investigation report (J telephone investigation of the I company);

1. A detailed statement of deposits, a detailed statement of transactions from deposits and withdrawal, and the application of Acts and subordinate statutes to suspect credit inquiry;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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