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(영문) 수원지방법원 2015.06.25 2014고단7105
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of C (State).

On November 27, 2011, the Defendant stated that “The Defendant would pay the material price after completion of the construction work if the Defendant supplies steel materials, such as the H beam, steel board, and steel board, to the victim through the Defendant’s employees G at the victim F Co., Ltd.’s office, the wife population D, which was operated by the Defendant’s wife population D, to the victim via the Defendant’s employees G.

However, in fact, C(State) did not have any intention or ability to pay the price normally even if it is supplied with steel from the victim because the progress of the construction is not due to the default of the construction and the failure to receive new construction, and due to the shortage of funds for the operation of the company due to the collection of promissory notes issued by the company, etc.

As such, the Defendant, by deceiving the victim, received steel materials from the victim from the above date and time to February 27, 2012 from the victim, and did not pay the price of KRW 100,733,979, and fraudulently acquired the amount corresponding to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Some statements in each police interrogation protocol concerning the accused and G;

1. Statement to E by the police;

1. Copy of a customer ledger, certified transcript of corporate register, or sound tower output;

1. Application of Acts and subordinate statutes, such as the credit inspection report of bankruptcy;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(2) of the Criminal Act, a subjective constituent element of fraud, which is the basis of the judgment of conviction of a criminal defendant, should be determined by comprehensively taking into account objective circumstances such as the defendant’s financial history, environment, details of the crime, and the process of transaction performance, insofar as the defendant does not make a confession. A crime of

(Supreme Court Decision 2008Do443 Decided March 27, 2008, etc.). The instant case’s return to the health team and the foregoing evidence are acknowledged as follows.

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