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(영문) 대전지방법원 천안지원 2018.04.26 2017고단2599
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant has operated the “D” office from around October 2014 to around October 2017 in Asan City.

From around 2000, the Defendant was unable to pay the delinquent tax of KRW 26 million, the amount of wages of KRW 26 million, etc. incurred while running a construction business in bad credit condition, and the Defendant did not have any property that was under the name of the Defendant.

In the case of the real estate in the name of the defendant E, there was no adequate collateral value to pay the price for the goods because there was a considerable security, and there was no intention or ability to pay the price for the goods to the victim because the defendant was thought to use the price for the construction using the goods such as tin, wheel, wood, etc. supplied by the victim F and did not pay the price to the victim as the living cost of the defendant and other construction cost.

Nevertheless, on July 14, 2014, the Defendant, at the H office of the victim F management in Asan-si, G, Asan-si, would pay the price for the goods to the Defendant upon receiving the construction cost as soon as it is necessary for the supply of tin, mix, wood, and other materials.

“The phrase “ was false.”

As above, the Defendant: (a) informed the victim of the same day; (b) received from the injured party 936,00 won of the market price from the injured party; (c) supplied goods, such as joint plates; and (d) from that time until September 10, 2015, goods equivalent to KRW 117,784,200 of the market price were supplied from the injured party, as described in the list of crimes in the attached crime in the same manner.

Summary of Evidence

1. Each legal statement of the witness F and the witnessJ;

1. Statement made by the prosecution against the F and J;

1. Statement made by the police to J;

1. Complaint;

1. Current status of purchase of D sales and written judgment;

1. A report on investigation (Attachment, etc. of details of deposit transactions) and details of deposit transactions;

1. A criminal investigation report and personal credit information;

1. Report on investigation (examination of suspect's criminal records);

1. An investigation report (a report on August 8, 2012 related to a suspect A related to the registration of public information by the Daejeon District Court KFB on August 8, 2012).

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