beta
(영문) 서울남부지방법원 2016.12.26 2015고단3681 (1)

사기

Text

Defendant shall be punished by imprisonment for a term of two years and six months.

The defendant shall pay AK a sum of KRW 200,000,000, which is an application for compensation.

Reasons

Criminal facts

[Criminal Power] On September 8, 201, the Seoul High Court sentenced Defendant A to two months of imprisonment, four months of imprisonment, and one year and six months of imprisonment in each case, respectively, in which Defendant A was released on June 28, 2013 and passed the parole period on August 22, 2013 during the execution of the sentence.

【Criminal Facts】

[2015 Highest 3681 [1, 2]

1. On May 9, 2014, the Defendant related to the collection of scrap metal in AM stated that, in collusion with Co-defendantN (a separate judgment was made, it would sell the scrap metal generated from the AM tank removal work in Ulsan to the victim AP at the office of Yeongdeungpo-gu Seoul Metropolitan Government AO 809, and the victim AP at KRW 280 million.

However, in fact, around May 1, 2014, the Defendant and India agreed to purchase the scrap metal arising from the removal of the said AM tank from the Plaintiff and paid the remainder of KRW 280 million to May 8, 2014, and paid the remainder of the down payment to the Plaintiff until May 8, 2014, but did not have the authority with respect to the said removal site due to the failure to pay the remainder, etc. Therefore, even if the Defendant and India received the payment on the ground of the sale of the scrap metal at the above removal site, there was no intention or ability to sell the scrap metal properly as agreed upon by the victim.

Nevertheless, the Defendant, in collusion with NN, by deceiving the victim as above, and acquired 50 million won from the victim through the bank account (AR) in the name of NN as the down payment around May 9, 2014.

2. On May 1, 2014, the Defendant related to the collection of scrap metal due to the AS hotel removal construction in collusion with co-defendantN, saying, “The victim AP and AL sold scrap metal generated in the course of the removal of the AS hotel building in Mapo-gu to KRW 400 million.”

However, in fact, the defendant and DNA are around April 30, 2014.