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(영문) 인천지방법원 2018.06.21 2017고단9447
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a dispute resolutionD which is a steel structure company in the Innju City.

1. The Defendant’s written indictment at the end of April 2017 is written at the end of May 2017, but the following evidence appears to be a clerical error in the end of April 2017.

In the above office of the victim E, the victim must pay the victim E at the time of the supply of a more Blum lamps and a V product.

“The phrase “ was false.”

However, in fact, the defendant has a debt equivalent to about 4 billion won at the time, and even if he is supplied from the injured party due to the aggravation of the company's management, he did not have the ability or intention to make the settlement.

Nevertheless, the victim, as seen above, by deceiving the victim, was supplied the victim with the goods of one kind, including a blord light which is equivalent to KRW 2,816,00 on May 18, 2017, and equivalent to KRW 1,44,00 on May 24, 2017, and a blord light equivalent to KRW 14,00 on May 14, 2017, and a blord light equivalent to KRW 12,420,00 on May 12, 2017.

As a result, the Defendant was given property(15,380,000 won in total) by deceiving the victim.

2. On June 2, 2017, the Defendant called the victim F by phoneing the victim F at the above company’s office, and falsely stated that “The price of the good is to transfer the price of the good to the account immediately as the receipt of the good, if the Defendant supplied the price of KRW 30,000,000,000 to the Steel C’s office.”

However, at the time, the Defendant had a debt equivalent to about 4 billion won, and even if he was supplied with the goods from the damaged party due to the aggravation of management of the company, he did not have an intention or ability to pay the price in time.

Nevertheless, the Defendant, as such, by deceiving the victim, obtained the supply of C-type lectures equivalent to KRW 30 million in total at the market price around June 5, 2017 and around July of the same month from the victim, and acquired them by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A protocol concerning the examination of the police officer in G;

1. The investigation report (documents A submitted by the suspect).

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