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(영문) 춘천지방법원 2015.08.27 2014고단1303
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was a person who was involved in the D Corporation contracted by the Kancheon-gun Office (hereinafter referred to as “C”); (b) was aware of the fact that E subcontracted construction work among the above construction works remains due to the damaged Company, and was ordered by E to pay the material price in lieu of the Defendant; (c) had the intent of deceiving the damaged Company, thereby deceiving the damaged Company, thereby inducing the Defendant to acquire money from the damaged Company as a means of payment for the work price; and (d) had a wage to be paid from the damaged Company G, who had talked with the damaged Company; and (e) had a talk with the damaged Company, the Defendant issued the tax invoice by requesting G to issue the tax invoice, the copy of the tax invoice, the business registration certificate, and the copy of the passbook.

On March 26, 2009, the Defendant found the office of the victimized Company H in Gangwon-gun, Gangwon-do, and presented a copy of the tax invoice, business registration certificate, and passbook issued by F to the accounting personnel I, and falsely stated that “The president provided materials from F, and received the materials from F in lieu of deposit amount of KRW 30 million.”

However, there was no fact that E is supplied with material from EF, and there was no fact that F made material payments on behalf of E.

The Defendant, by deceiving I, had I transfer KRW 33 million, which is the possession of the victimized company, to the Industrial Bank of Korea account in F under the name of F for the payment of construction cost, and then acquired the remainder of KRW 28950,000 after deducting KRW 4050,000 from G for the purpose of tax, etc. from G to the J’s account, which is the wife of the Defendant.

Summary of Evidence

1. Each legal statement of witness E and K;

1. Each police statement made to E and I;

1. Application of a duplicate, tax invoice copy, and statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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