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(영문) 울산지방법원 2019.09.05 2019고단1521 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is the actual operator of construction business E Co., Ltd. located in Ulsan-gun, Ulsan-gun, and the victim C Co., Ltd. (Representative B) is the company engaged in fluoring, retail business, etc.

On May 2017, the Defendant made a false statement to the effect that “The Defendant would pay in cash to the victim company by July 15, 2017, on the face of the supply of satisfyed materials to the scene, by putting phone calls to the victim company at the construction site of the F building in the Geum-gu Busan Metropolitan Government.”

However, in fact, the defendant did not have any intention or ability to pay the company's liabilities at the time of the occurrence of approximately 250 million won, and even if he received a short supply from the victim due to the fact that he did not pay for various trading companies such as G, etc.

The Defendant, as above, deceiving the victim, and deceiving the victim, from June 2, 2017 to the point of view of the victim.

6. By the end of 29.2, he was supplied with approximately five tons of 5 ton of efinites of the market value, “Efinc” of which is equivalent to KRW 568.7 billion.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on details of transactions, E statement of transactions in passbook, and credit information of the accused;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 32(1)1 and Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of the Dismissal of Application for Compensation Order, [In the case of an application after the conclusion of pleadings, it is illegal as it is inappropriate] The reason for sentencing is that the amount obtained by deceit of this case is not stated, but the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the records, such as

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