(영문) 창원지방법원 2013.10.24 2013고정1116

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(영문) 창원지방법원 2013.10.24 2013고정1116

사기

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1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 11, 2012, the Defendant was a construction business operator who was awarded a contract amount of KRW 30,000,000 for the new construction of housing located in Cheongbuk-gun, Chungcheongnam-do. The Defendant had already received the construction cost of KRW 25,00,000 from C at the time of entering into a material supply contract with the victim D, and furthermore, it was difficult to pay labor cost, etc. at that time, and there was no need to pay the construction introduction cost, and even if the Defendant received the remainder of the construction cost of KRW 5,00,000 from C due to the lack of property, the Defendant did not have the intent or ability to pay the purchase

1. On June 2, 2012, at the EF office located in Yangyang-si, operated by the victim D, deceiving the victim that “on the delivery of the printing team, the victim would immediately make the payment thereof,” and that in this context, the victim would be paid KRW 2,606,100,000, and not paid KRW 606,100, not to pay KRW 606,100;

2. On or around June 4, 2012, by deceiving the victim D to “to settle the payment with the cost of the board which has not been paid upon delivery of the supporting material” at the same place, the victim received creative supporting material equivalent to KRW 4,054,735 from the victim;

3. In the same place around June 8, 2012, by deceiving the victim D that “it would make payment with the cost of the material unpaid at the time of additional supply of the supporting material,” the victim received from the victim any creative supporting material equivalent to KRW 753,000, equivalent to KRW 753,000;

4. On June 29, 2012, at the same place as the victim D, deceiving the victim D that “the additional construction has been made, and the owner of the house will pay the price of the material including the price of the material that was not paid by receiving the additional construction cost from the owner of the house at the time of additional supply of the window,” and that the equipment was supplied by the victim as a creative material amounting to KRW 1,379,570.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the suspect interrogation protocol against the defendant is replaced by the prosecution.

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