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(영문) 인천지방법원 부천지원 2012.07.20 2012고정922
사기
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant issued a false statement to the victim C's business entity D, which stated that "I would pay the price on the last day of the following month, if I supplied the necessary paint to F, because I would have approved to do so."

However, at the time, the Defendant did not enter into the above painting supply contract, and did not have the financial standing sufficient to pay the factory rent, and had already provided all the production facilities, the only property, as a collateral for transfer, to G, a factory lessee at the end of October 201, and there was no intention or ability to pay the price even if the Defendant received the paint from the victim.

On May 3, 2012, the Defendant, by deceiving the victim as above and receiving a paint equivalent to KRW 2,226,400 at the market price from the above B office around May 3, 2012, received a total of 20 times as shown in the list of crimes in attached Form 2, and was issued a paint equivalent to KRW 16,779,40 at the market price by the above method as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to certified copies or certified copies;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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