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(영문) 대전지방법원 천안지원 2017.01.12 2016고단863
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On August 20, 2014, the Defendant: (a) around 12, 2014, at the victim Dong-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S., U.S. Office, “B is operating D; (b) if the parts of the water and power distribution team are supplied on credit to the company operated by the domestic company, he/she will receive the sales proceeds and pay the sales proceeds.

‘False speech' was made.

However, at the time of fact, D Co., Ltd., which had been operated by the defendant, had already been in a state of deficit for three years, but had not been able to purchase parts of the water and power distribution team in a normal way because of the situation where taxes of 500 million won are in arrears. Even if it was supplied with parts of the water and power distribution team on credit from the victim company and assembled and sold them, it was thought to be used as a national tax, etc., and there was no intention or ability to pay the part to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the supply of the parts of the water and power distribution unit equivalent to KRW 175,297,100,00 from the victim on August 20, 2014; (c) around August 29, 2014; (d) around 157,843,400; and (e) around September 25, 2014; and (e) obtained the supply of the parts of the water and power distribution unit equivalent to KRW 175,297,100.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C, F, and G;

1. Application of each statute of entry of an origin note and electronic tax invoice;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for conviction in the main sentence of Article 186 (1) of the Criminal Procedure Act, which means the costs of lawsuit;

1. The gist of the Defendant’s assertion was as follows: (a) upon the F’s request, the Defendant had credit against F and E due to the imposition of taxes of approximately KRW 170 million in the process of issuing the tax invoice under the name of F, which was introduced by E.

The defendant urged E to repay the debt, and E is a victim upon introduction of F.

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