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(영문) 의정부지방법원 2018.07.25 2017고단5833
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On December 26, 2016, the Defendant, as a person operating a mutual intent company called “B” in the Namyang-si, Gyeonggi-do, supplied “E” office operated by the victim D, which is located in “E” in Seoul, to G hospital located in Seoul, with the amount equivalent to KRW 23,770,000, as the end of the week, would immediately pay the price.

“Around that time, the victim had the victim supply the said G hospital with a large amount of furniture, etc., and around February 10, 2017, the victim supplied the victim with a large amount of households equivalent to KRW 2,400,000 to H located inside and outside of the inside and outside of the family at the same place as “on the face of the State, the victim would be paid together with the amount already supplied.

“Around that time, the victim had the victim supply a household equivalent to the same amount of the household.”

However, the Defendant was in arrears with the amount of taxes of KRW 25 million from KRW 25 million to KRW 30 million at the time of receiving the furniture from the injured party, and the amount of wages to employees had already been pushed down for 3 to 4 months, and the Defendant failed to secure other households, so even if receiving the said households from the injured party, there was no intention or ability to pay the said amount normally.

Accordingly, the Defendant, by deceiving the victim of the above false language, received the households equivalent to KRW 26,170,000 from the victim and fraudulently acquired them.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. One-time protocol concerning the interrogation of the suspect against the defendant (including the part concerning the statement D);

1. The written statement made by the police about D [the defendant and his defense counsel have the intent and ability to settle the price at the time of the instant case so that the facts charged cannot be acknowledged. However, in light of the defendant's economic situation at the time when the defendant's statement made by the investigative agency, etc. was known, the above facts charged is recognized as guilty (at least, it can be recognized as willful negligence in taking action)]. The above facts charged is applicable to the law.

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