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(영문) 서울남부지방법원 2017.01.13 2016고단1211 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2, 2013, the Defendant, who operates and engages in construction business in Yeongdeungpo-gu Seoul Metropolitan Government Co. Ltd., Ltd., and was entering into a contract with the victim E to subcontract the interior part of the G new construction work located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government F, committed the following crimes by receiving bills from the injured party and using them for the business fund.

On October 4, 2013, the Defendant made a false statement to the effect that “The Defendant would discount electronic promissory notes that received as construction cost from H at the construction site” to the victim at the G site located in Mapo-gu Seoul Metropolitan Government F, and that “The Defendant would pay a discount on the face value of a dry net.”

However, there is a dispute over whether the Defendant would deduct discount fees for bills, costs for civil petitions related to construction, costs for handling other daily materials, and costs for other concrete snows from discount amounts. However, even if the Defendant was requested from the injured party for discount of bills, the Defendant did not have the intent or ability to pay discount money to the injured party by not returning the discounted amount to the injured party, and by the Defendant’s attempt to use the discounted amount.

On October 4, 2013, the Defendant received three copies of the electronic bill of KRW 22,00,000 from the injured party. On October 18, 2013, the Defendant received delivery of KRW 11,795,300 of the electronic bill of KRW 11,795,300 of the electronic bill of KRW 1,10,000, two copies of the electronic bill of KRW 6,400,70 of the electronic bill of KRW 104,196,00 of the total amount, including one of the electronic bill of KRW 104,196,00.

Accordingly, the defendant was informed of his property interest by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Entry of the defendant in part in the first trial record;

1. Statement of witness E in the third public trial protocol;

1. The first written examination of the suspect against the defendant (including the whole part of the testimony and E) by the prosecution;

1. Two-time suspect examination protocol against the accused (including the whole part of the testimony and E);

1. Statement made by the police for E;

1. Written confirmation of the J;

1. A written confirmation of the I draft;

1. Complaints of E preparation;

1. Investigation report (Submission of a criminal complaint);

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