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(영문) 대전지방법원 2015.12.23 2014고정1019
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

On September 2014, the Defendant told the victim E operated by the victim E in Daejeon Seo-gu, Daejeon, that “I will immediately pay the construction material upon credit,” and that “I will immediately pay the purchase price of the material if I want to do so.”

However, it is difficult for the Defendant at the time to pay the cost of construction, and even if he receives the cost of construction, the Defendant was liable to pay the cost of construction immediately with the cost of construction, so there is no ability or intent to pay the cost of construction immediately as agreed by the victim.

The Defendant received from the victim the material amounting to KRW 24,457,200 from around that time to October 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Each statement of G and H;

1. An investigation report (Attachment to the AF I Account Transaction Report) [Attachment to the following circumstances, which can be recognized by each evidence at the market, i.e., the Defendant: (a) promised that the Defendant would make payment for the remaining materials within one week following the following: (b) the Defendant would make payment by acquiring the victim who is able to receive credit transaction; and (c) the Defendant would make payment by taking advantage of the information on credit to the victim (the Defendant’s assertion that high-priced materials will be paid within one week at the latest

(2) On September 25, 2014, the Defendant was urged to pay the materials from the victim several times from September 25, 2014, but brought about on credit the materials equivalent to KRW 20 million from September 25, 2014 to September 30, 2014. The Defendant was aware that there was a preferential payment of personnel expenses, steel bars, and ready-mixeds around that time, and used the funds actually deposited in the account as personnel expenses, steel bars, and ready-mixed money immediately, and ③ the Defendant sought to pay the materials to the victim due to the construction payment to be received from the contractor J of the instant construction.

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