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(영문) 창원지방법원 2014.05.02 2013고정1247
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On November 15, 2008, the Defendant, as the head of the Construction Enterprise Co., Ltd. of “C”, concluded that the Defendant would pay the victim F the price after one week, in collusion with E, the representative of the said C, who was the head of the said Construction Enterprise D, who was performing the new construction of a multi-household house.

However, the Defendant was in a substantial partnership with the above E, and at that time, there was no intention or ability to pay the said price within a week, even if the Defendant received the delivery of the steel bars from the victim because he was aware that the said company did not have any construction funds since the designation of the special zone for the highly advanced shipbuilding industry was blanked and the housing under construction was not sold in lots.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, obtained approximately 8.37 billion won of the market price from the victim, i.e., by taking nine tons of the 19m iron bars from the victim.

2. On November 22, 2008, the Defendant, in collusion with the above E, received 2 tons of steel bars with about 6.640,000 won in the market price from the victim in the same manner at the same place as stated in the above Paragraph 1, and acquired 2 tons of steel bars with about 6.64m iron bars and 10m iron bars.

3. On November 28, 2008, the Defendant, in collusion with the above E, obtained approximately KRW 3.6 million in market price from the victim in the same manner at the same place as stated in paragraph (1) of the above paragraph, and acquired by deception four tons in iron bars with about 13 meters in market price.

4. In collusion with the above E on December 3, 2008, the Defendant acquired 1 ton of iron bars of about 820,000 won at the market price from the victim in the same manner in the same manner at the place described in the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the prosecutor's office and police suspect interrogation protocol of the accused (including E substitute part);

1. Each police statement to F and E;

1. A complaint;

1. A copy of a detailed statement of transactions, or a copy of the same contract;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to permission documents, etc. and reporting on hearing statements by victims);

1. Criminal facts;

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