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Reasons
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(영문) 서울서부지방법원 2018.06.01 2017고단4041
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 27, 2016, the Defendant ordered the goods as if he would pay the price to E, an employee of the victim, although he/she had no intent or ability to pay the traffic card, etc. even if he/she received the traffic card, etc. from the victim Co., Ltd., the Defendant received from the victim Co., Ltd., Ltd., the 34,212,50 won of the traffic card, etc. on the same day from the victim to receive the money from the victim Co., Ltd., Ltd., which was operated by the Defendant in Seocho-gu Seoul Metropolitan Government.

2. On June 30, 2016, the Defendant: (a) committed an act as if the Defendant would pay the price to the said E even if the Defendant received a traffic card, etc. from the victim Co., Ltd. due to the aggravation of the said self-sufficiency, despite having no intent or ability to pay the price; (b) ordered the goods; and (c) obtained the delivery of the goods equivalent to KRW 27,724,00,00 for the same day from the victim to the same day.

Summary of Evidence

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

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each written statement of E;

1. An electronic tax invoice;

1. An investigation report [Attachment of Account Transactions in the Name of Co., Ltd.] [Attachment of Account Transactions in the Name of Co., Ltd.] [The Defendant and E reverses a statement from this court to an investigation agency, and the Defendant returned all the goods listed in paragraph (1) of the facts charged to him, and the goods listed in paragraph (2) of the facts charged, stated that no delivery was made after cancelling the delivery order

However, the statement made by the Defendant and E in an investigative agency is that the Defendant supplied part of the goods supplied to the business entity “H” and received the price of the goods.

The statement is consistent with objective data, such as account transaction details, which conforms to the above statement, and E.

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