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(영문) 청주지방법원 제천지원 2013.04.18 2012고단518
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

(2) On December 201, 201, the Defendant in charge of the crime stated that “The Defendant supplied the steel board and the sn beamline to the victim C by telephone, and paid the price in full by January 15, 2012, on the snife,” in a false manner, the Defendant in charge of the crime stated that “The Defendant would supply the steel board and the snifline to the victim C by the phone.”

However, at the time, the Defendant did not have any intent or ability to pay the price even if the Defendant was supplied with the iron plates from the victim, on the grounds that the amount of the premium for the printed machines is KRW 320 million, the amount of the loan of financial institutions KRW 47 million, the amount of tax in arrears KRW 185 million is to be repaid.

On December 8, 2011, the Defendant, by deceiving the victim, received from the victim, the H beamline (39cm*30cm*10cm) equivalent to the market price of 21,609,720 won, from the victim’s plant at Seocheon-si (39cm*30cm*10cm), H beamline (20cm*20cm*10cm) equivalent to the market price of 4,479,024, H beamline (25cm*25,400 won) equivalent to the market price of 2,325,40 won (25cm*12.5cm), 1,386,00 won equivalent to the market price (1.2cm), 808,335 won (3.5cm), 308,608,479 won and H beam supplied.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. Determination as to the assertion of the accused and the defense counsel by means of a certificate of fact, notice of scheduled seizure of corporeal movables, advance guidance on debt collection request, notice of payment of interest, etc., notice of occurrence of a guaranteed event, two copies of the results of inquiring into the National Tax Service's temporary closure of business, statement of ordinary deposit transactions

A. The defendant and his defense counsel agree with the fact that the defendant was supplied with goods, such as the facts charged, and did not pay the price. However, although he had the intent to pay it at the time, he did not receive the payment for completed portion from the contractor, and therefore, he did not have the intent to commit

B. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing the transaction before and after the crime, insofar as the Defendant does not make a confession, and dolus

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