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(영문) 의정부지방법원 2016.12.06 2016고단1735
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, as the actual operator of D, a housing construction company for the purpose of housing construction business, was awarded a subcontract from Dop Construction Co., Ltd., which is a new E-Dop Construction Corporation, for the purpose of construction of housing.

On August 1, 2012, the Defendant stated to the effect that “The Defendant would pay the price on the 10 to 15th day of the following month from the delivery date when the steel bars and construction materials are supplied” to the victim F.

However, the defendant and the corporation D did not have an intention or ability to pay the price properly even if they received materials such as steel bars from the victim because they did not have any particular income or assets.

The Defendant received building materials from the victim from August 1, 2012 to September 22, 2012, including the sum of KRW 34,432,520,256, from the victim, such as KRW 261 tons of steel bars.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Protocol on the suspect examination of each part of the defendant by the prosecution (including the statement of the F and H of each statement);

1. Part of the second police examination protocol (including the part concerning the statement made by the F) to the accused;

1. Protocol concerning the examination of the police officer in relation to G (including the part concerning the statement of the F);

1. Statement of the police statement concerning F;

1. A written statement of I;

1. A complaint;

1. Investigation report (over-the-counter telephone investigation) and investigation;

1. Request for cooperation in business;

1. Investigation reports: Copy of the corporate register;

1. The defendant and his defense counsel pursuant to the questions as to the authenticity of the transaction report by period, delivery certificate, business registration certificate, commercial building supply contract, total certificate of each registered matter, notarial deed, promissory note, storage certificate, and sales contract, etc. are supplied by G to the defendant for the construction, and the defendant only later notarized by the defendant.

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