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(영문) 인천지방법원 부천지원 2015.09.17 2015고정571
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

In August 2013, the Defendant had no intention or ability to pay the price normally even if he received the steel products from the victim, because the Defendant had a very difficult financial position due to a large amount of tax in arrears, personal debt, etc. within the office of the victim D (hereinafter referred to as "D"), which was located in Kim Jong-si, Kim Jong-si.

Nevertheless, the Defendant, as if he were to pay the price of supplied goods by the due date, was supplied with the amount equivalent to KRW 951,610 on August 30, 2013 by deceiving the victim. On September 12, 2013, the Defendant received the steel products amounting to KRW 13,818,912 on two occasions, such as receiving the steel products amounting to KRW 12,867,30 on September 30, 2013, but acquired the same amount of pecuniary profit by not paying the price.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. The police statement concerning F;

1. Customer Director, Statement of Payment, and Statement of Transactions (Defendant and defense counsel)

(1) This paper argues that the Defendant did not pay the material price and did not directly process the victim D, and that he did not deceiving the victim. In light of each of the above evidence, the Defendant: (i) did not make any agreement with G, D, and the instant material price; (ii) did not make any direct payment of the material price (E, who is a director of the G, was present in our court and clearly stated this point.

(2) On April 28, 2014, the Defendant: (a) closed his/her business on September 30, 2013 on the ground that he/she did not pay taxes to H Co., Ltd. (Evidence No. 35 of the Evidence No. 35; (b) the witness E is present in the Korean court, and G is the construction cost to the Defendant.

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