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(영문) 제주지방법원 2020.02.21 2019고단2453
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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 is a person who engages in wholesale business of building materials under the trade name of "B".

On September 2017, the Defendant stated that “In-house director E (year 61) is engaged in the business of supplying building materials, and shall pay the price of goods by the 25th day of the following month in order to supply the prevention network for falling off,” at the victim D office in Gwangju-si.

However, the Defendant did not have any particular property at the time, and was in bad credit standing, and even if he was supplied with the goods due to the obligation of 1,572,730,000 won, such as the obligation not repaid to the existing customer, there was no intention or ability to settle the price on the date of promise.

Nevertheless, the Defendant received goods, such as referring to the purport that the logistics warehouse located in Kimhae-siF is owned by the Defendant, or that the company G is operated in a large scale with his/her own punishment, etc., by means of falsehood as if the payment was promised on the date of promise, and was supplied by the victim company three times in total from October 26, 2017 to January 10, 2018, as indicated in the list of crimes in the annexed sheet of crimes.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each protocol of suspect examination of the accused prepared by the public prosecutor is written;

1. Statement of statement E prepared by the police officer;

1. Each statement (including attached documents) of investigation reports prepared by the prosecution (report on the attachment of part of the records of the relevant case / Reporting on the confirmation of the amount of money attempted by the other party to the case);

1. To enter into an investigation report prepared by the prosecution (report on the currency of the complainant);

1. Entry (including attached documents) of an investigation report (as to the submission of the certificate of payment and the certificate of business registration) on police preparation;

1. Statement in a petition filed for the preparation of representative directorD;

1. (Juristic Persons) Each (including all registered certificates), copies of each order, copies of each sheet of supply of goods, copies of each statement of transaction, copies of each statement of entry and transaction, copies of each detailed statement of transaction, copies of each statement of transaction, and copies of each statement of payment;

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