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(영문) 인천지방법원 부천지원 2016.12.22 2016고단2906
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 28, 2014, the Defendant submitted a written estimate to the head of the finance division of the victim’s financial department to accept a subcontract for steel construction among the “Corporation E-factory Construction Works,” a building company C, and submitted a written estimate to the head of the finance division of the victim to the effect that he/she would use domestic SM490 (407,847kg, unit price of 880 won/km, total amount of 358,905,360 won) products as stated in the design drawings of the said construction, and submitted an inspection certificate as to the “Korea SM490 Steel (H-type steel)” issued by HM490 (H-type steel) that was previously received from C, a steel customer of the C.

5. Around 29. Around the 29.m., at the victim's office located I in Pakistan, entered into a subcontract for the said steel works with the victim, which agreed that “the steel used to this Corporation as stated in the said quotation will use the domestic SM490 H-type lectures for which the KS quality certification was obtained.”

However, when the Defendant is awarded a subcontract for the above construction work, the Defendant used the product of SS400 (407,847kg, unit price of 743 won, total amount of 303,030,321 won) domestically produced SS400 (103,030, 321 won) with low unit price instead of robbery, and then was thought to acquire the difference between the amount stated in the above quotation and the amount stated in the above quotation as the victim's future profit.

Around July 10, 2014, the Defendant, by deceiving the victim as above, received KRW 358,905,360, which is the amount stated in a written estimate from the H-type lecture proceeds, from the victim, and acquired KRW 55,875,039, which is the difference between the actual used H-type market price and the actual used H-type lecture price.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant (list 20) of the prosecutor's protocol of interrogation of the defendant

1. Statement made by the police to J (List 8);

1. The complaint(a list 1), the copy of the corporate register (a list 2), the standard subcontract form (a list 3), the quotation (a list 4), the inspection certificate (a list 6), the business registration certificate (a list 7), and the content certification (a list 13);

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