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(영문) 대구지방법원서부지원 2020.09.04 2020고단890

사기등

Text

Defendant

A Imprisonment with prison labor for one year and for four months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2019, Defendant A made a false statement to the victim E at the D office located in Seongbuk-gun, Seongbuk-gun, Kim Sung-gun, that “The full amount of waste in the D site ( approximately KRW 400 tons) shall be KRW 65 million as the cost of treating the waste normally within 15 days.”

However, in fact, the Defendant did not have obtained a license for a waste disposal business and required to entrust the disposal of the wastes to a regular waste disposal business entity. However, in order to entrust the disposal of the wastes to a regular waste disposal business entity, the Defendant was required at least 96 million won per ton (2.4 million won per ton) and thus, it was impossible to treat the wastes normally at first as the cost of disposal under a contract with the victim was 65 million won.

Ultimately, in order to treat the above wastes normally, the Defendant was required to additionally pay KRW 80,000,000 without any special property, but the Defendant not only failed to pay KRW 18,000,000,000, which was sentenced to six previous fraud cases, and there was a very poor economic circumstance. Therefore, even if the Defendant received the disposal cost from the victim, he did not have the intent or ability to normally dispose of the above wastes within 15 days.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the money of KRW 20 million on the same day and KRW 2 million on the same day on the 23th day of the same month from the victim to the Nonghyup Bank (H) account in the name of F (G).

2. A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes jointly committed by the Defendants shall obtain permission from the Minister of Environment, if he/she intends to engage in the business of collecting, transporting, recycling, or disposing of wastes by type of business, wastes subject to business, and disposal, or by the Mayor/Do Governor, if he/she engages

Defendant

A is subject to paragraph 1.