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(영문) 대구지방법원 2013.05.15 2013고정930
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was supplied with building materials, etc. from around July 2005 to around July 2012 by the Victim B Co., Ltd. and was unable to repay 126,60,000 won of the price of the building materials. From around July 2012, the Defendant was provided with building materials from the said Victim due to insufficient living expenses and entertainment expenses, etc., and subsequently, was able to conceal it and receive them from the victim, even though it was thought to be commercialized by disposing of it to the other company at a lower amount than the price of the supplied goods.

On July 2, 2012, the Defendant supplied the building materials to the victim at the office of the Daegu Northern-gu C&A Co., Ltd. on July 2, 2012.

However, at the time, the Defendant had already been liable to pay 126,600,000 won to the victim as above, and the Defendant intended to dispose of the building materials to another customer after being supplied with them by the victim, and thus, did not have any intent or ability to pay the price even if the building materials are supplied by the victim for their daily lives, entertainment expenses, etc.

The Defendant was supplied with building materials equivalent to KRW 2,554,495 at the market price from the victim’s seat, i.e., the victim by the same method, and received building materials equivalent to KRW 34,812,115 at a total of 19 times from July 2, 2012 to July 30, 2012, as indicated in the attached list of crimes.

Accordingly, the defendant, by deceiving the victim, acquired building materials equivalent to KRW 34,812,115 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of written confirmation of details of transactions (C) statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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