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Reasons
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(영문) 서울중앙지방법원 2015.08.21 2014고단6065
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant made a false statement to D, who is an employee of the victim Ddra, the victim D at the E construction site, stating that “The Defendant will pay the price of supply as the price for the work received, by carrying out the above construction work, by supplying and installing the broadcasting facilities at the E construction site, such as four digital vialle, ample, and other emergency broadcasting equipment.”

However, from October 201, the Defendant had had no intention or ability to pay the price of supply at once even if he received the broadcasting equipment from the victim due to the fact that the Defendant had been in arrears with value-added tax and had been in the state of borrowing KRW 50 million at the annual interest rate of 17% from the bank.

On December 2012, the Defendant had the victim install the emergency broadcasting equipment equivalent to 34,129,700 won at the market price such as 4,00,000 via digital wave, and acquired the claim for construction cost including the price of supply of the above emergency broadcasting equipment from Szzz Co., Ltd., the contractor.

Accordingly, the defendant, by deceiving the victim, acquired the above 34,129,70 won property benefits.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Indicating some of the statement of the suspect interrogation protocol to the accused by the prosecution (including the cross-examination protocol against D);

1. Statement by the prosecution concerning D;

1. The statement of part of each protocol concerning the examination of suspect against the defendant (including part concerning D);

1. Each police statement made to F and D;

1. The defendant's assertion and judgment on electronic transaction specifications and electronic tax invoices

1. The defendant asserts that the defendant did not conclude the above supply contract with the victim company since he did not have any talking that the victim company would have to deliver viale, ample, ample, ample, and four emergency broadcasting equipment or pay the price.

2. Determination contracts.

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