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(영문) 인천지방법원 2018.04.06 2017고단8765
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who operates a construction plant manufacturing company C.

The Defendant, at a construction site in Seosan City around September 1, 2010, supplied the construction materials, such as melting, to G, the operator of F, Inc., the victim retail chain, at a construction site in progress with the lower office from E Co., Ltd., that the Defendant would immediately pay the price if he/she would supply the construction materials, such as melting.

In other words, from the person who believed the truth to be true, 20,978,15 won around September 201, 201, around 11,99,570 won around October 201, and 5,04,710 won around December 201, around 37,680 won around December 201, and 11,31,318,670 won around January 201, and 13,482,205 won around February 201, and 12,021,405 won around March 3, 201, and 16,42,401; 16,421,421,405 won around April 16, 201; 108, 1067, 207, 10508 won of construction; and

At the time, the above C Co., Ltd. operated by the Defendant had no particular financial capacity, and has a considerable amount of debt to the trader including financial institutions, and even if the construction price is paid by E Co., Ltd., the principal contractor of the above construction site, the contractor of the above construction site, the circumstances that should be first appropriated for the operating funds, repayment of loans, and their cost of living, etc. were not a situation where the price of the construction materials received from the victimized party

Accordingly, the Defendant acquired building materials equivalent to KRW 73,604,185 by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

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

1. Each repayment plan, tax account statement, copy of the ledger of customers, and all certificates to be registered;

1. Written records of the conciliation of the Seosan Branch of the Daejeon District Court, each complaint and reply (201Ga 8395 pool);

1. Responses to a request for cooperation in investigation and notification of data on the current status of financial transactions;

1. A copy of each passbook (J,K), the current status of deposits and withdrawals, the statement of separate accounts (K, J) and the statement of account transactions.

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