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(영문) 인천지방법원 부천지원 2018.12.19 2018고단2576
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, the Defendants are above two years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of the (ju) E engaged in the interior business in Seocheon-gu, Seocheon-si, Seocheon-si, and Defendant B was the partner of Defendant A and the above company was operated together by the Defendants.

Defendants are awarded a subcontract from F to F for interior interior interior interior interior interior interior interior interior interior interior interior Ba in Seo-gu, Incheon, Seo-gu, Incheon, where the F is under construction, and enter into a contract for the supply of interior materials with the victim (State) H Staff I on January 10, 2017 to procure the said interior materials, and “(State) HH Ha (PF) E, if you supply the interior materials, such as the floor of MDF (MDF) participation, will pay the price after one month.

“The purpose of “ was to make a false representation.”

However, in fact, (State) E and the Defendants did not have property at the time and did not have any intent or ability to pay the material price to the victim because they had been able to pay the material price to the victim due to the absence of property at the time, and due to the excess of the debt, the payment of the material price was received from F and the Defendants’ personal debt.

Nevertheless, the Defendants conspired with each other to acquire the personal data in a total of KRW 110,580,570 from January 18, 2017 to May 31, 2017 from the injured party by acquiring the personal data of KRW 110,580.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made to J, I, or K;

1. An agreement on transactions, a detailed statement of transactions, a tax invoice, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a list of individual rehabilitation creditors who are submitted by a suspect A), investigation report (report on the result of execution of a search and seizure warrant applying a financial account trend), investigation report (report on confirmation of debt details, such as loans, etc., stock companies E), investigation report (report on the supply of materials filed by a complainant and the settlement of payment details for the work price of F companies E), investigation report

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: each of them.

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