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(영문) 인천지방법원 2019.07.24 2019고단1162
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant’s “F” in the indictment of C Co., Ltd., which is engaged in steel wholesale and retail business with the head office in light of broad name, is a clerical error in “C”.

(Evidence Records 10,00,000 won (Evidence 10,000) (hereinafter referred to as "Evidence Records 10,000) was operated by the victim E Co., Ltd. (hereinafter referred to as "E"), and it was a plan to receive the construction materials supplied by the victim and to use them to pay the existing debt with the above money after receiving cash from the customer. Since there was a financial difficulty such as payment of 20,000,000 won or 300,000 won each month due to the rent of a factory, etc., it was difficult for the victim E Co., Ltd. (hereinafter referred to as "E"), even if the construction materials were supplied from the victim E Co., Ltd. (hereinafter referred to as "E"), and in fact, it was intended to receive the construction materials supplied by the victim to the customer and to pay the existing debt with the above money.

Nevertheless, the Defendant, at around March 14, 2018, by calls from the victim G to the office of the headquarters of C around March 14, 2018, received a delivery of C-type lecture (hereinafter “C”) within 60 days after receiving the delivery of C-type lecture (hereinafter “C-type lecture”) from the victim’s son G, and received a delivery of C-type lecture with pressure, and received a delivery of C-type lecture in cash by sending the written order with the same content, and received a delivery of C-type lecture equivalent to KRW 1,67,467 on the same day from the victim.

The defendant, including this, is the same year from March 14, 2018, as shown in the list of crimes in the attached Form.

9. Until July 12, 200, a total of 87,283,801 won was issued by deceiving the victim by the same means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and G;

1. Partial statement of a witness I;

1. Application of information-related statutes on electronic bills;

1. Imprisonment with prison labor, including Article 347(1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment;

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