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(영문) 인천지방법원부천지원 2020.09.25 2020고단1528
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who operates C, a corporation that runs a general household manufacturing business, etc. located in Seocho-gu Seoul Metropolitan City B.

On July 2017, the Defendant stated that, in the office of the victim E in Kimpo-si, the victim E in Kimpo-si, “A household will be supplied to the model house, and the household will be supplied to C in the future. When receiving the payment for supply from the construction company, the Defendant will pay the price immediately.”

However, in fact, the above C Company had already failed to pay the debt from around 2010 to the point of debt excess, and even if it received money from the construction company as the price for supply, it was intended to use the money to repay other debts. Thus, even if it was supplied with a household from the victim, it did not have the intention or ability to pay the money.

Around that time, the Defendant was supplied with the amount equivalent to KRW 37,262,50 (including value-added tax) at the market price of a household, such as a new kitchen, a attached stuff, a cremation house, and a kitchen household.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The police protocol E on the suspect interrogation protocol E on the defendant's legal statement of the defendant - Electronic tax invoice - Business registration certificate (the defendant's operation company's complaint in the case of the 2018dadan9794) - The letter sent and received by the witness G and the suspect - The deposit details of KRW 1,485 million on August 10, 2017 - the deposit details of KRW 1,4850,000 on October 25 through 31, 2017 - Each investigation report on the defendant's bankruptcy, decision of immunity (case related to the household price, G, H's statement, document attached to the deposit details of G household price, report on the suspect's telephone statement, and report on the telephone statement received by the complainant) shall be applied to the law.

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud) and reasons for sentencing choice of imprisonment with prison labor;

1. 양형기준에 따른 권고형량의 범위 ▷...

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