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(영문) 수원지방법원 성남지원 2019.07.02 2019고단633
사기
Text

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

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The defendant is a person who actually operates the Warsaw and the iron construction business, and the victim C is a person who operates the fire door manufacturing business.

On February 15, 2016, the Defendant had been sub-subcontracted with metal and windows construction works from G Co., Ltd. among the F hotel construction works being undertaken in Nam-gu Incheon Metropolitan City E.

On October 2016, the Defendant concluded that “The Defendant would pay 232 doors of the above hotel guest room to the victim at the construction site of the above F hotel without molding the price if the Defendant supplied 90,000 won per opening.”

However, the Defendant, at the time of national tax and corporate bonds, was liable for 200 million won, and the Defendant’s credit rating was the lowest 10th class, and the Defendant was the lowest 10th class, and the Defendant’s shortage of funds, such as considering the deficit of a significant size in the HH Happed Construction Works, Section 3, Section 3, Section 3, Section 3, which was completed the settlement of accounts around March 2016, and thus, G Co., Ltd. was planned to use the progress payment to be paid from G Co., Ltd. in preference to the repayment of existing obligations, payment of wages to the figures at the construction site, living expenses

Nevertheless, the Defendant, as above, by deceiving the victim, received 232 doors equivalent to the total market value of 20,880,000 won from the victim around November 7, 2016, and received 20,880,000 from the victim, and acquired 665 fire doors in total equivalent to the market value of 46,29,000 won from around that time to January 13, 2017 by means of the aforesaid method, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Text paper, customer director, and electronic tax invoice;

1. I replys, each written agreement (298 pages, 299 of investigation records),

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