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(영문) 대전지방법원 2013.09.26 2012고단4683
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From January 27, 2011, the Defendant has operated (State) D in Daejeon Pream-gu, Daejeon.

On December 2, 2011, the Defendant stated that “The Defendant signed a contract with Fluor of the National Research and Investigation Institute of Science to execute lighting, etc.,” to “The Defendant would pay the Fluor of the National Research and Investigation Institute of Science to Fluor of the Fluor of the National Research and Investigation Institute of Science in order to supply the Fluor of the Organization.”

However, as the financial situation has deteriorated, such as delayed payment of wages of the company employees from March 201 to December 201, the Defendant had no intent or ability to pay the victim the amount of money to pay the amount of the PE lighting fixtures to the victim, even if he received the construction payment from the F minutes of the National Research and Investigation Agency, and was actually thought to be used for other purposes.

Around December 28, 2011, the Defendant, by deceiving the above E, obtained from the victim the amount equivalent to KRW 13,090,000 from the 70 market price, such as LED lighting, etc., and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of all matters to be registered, tax invoices, and pledge Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. Consideration of the punishment of Article 334(1) of the Criminal Procedure Act, including the amount obtained by deceit, partial deposit of the damaged amount, and the fact that there is no criminal record of the same kind;

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