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(영문) 인천지방법원 2014.08.27 2013고단2076 (1)

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

around December 1, 2011, the Defendant: “E has the right to collect scrap metal from a Fasan Factory” under the title of “E to pay deposit amounting to KRW 10 million in advance to the Fasan Factory” in the name of the Fasan Factory, the Defendant replaced the deposit amount to KRW 10 million with the Fasan Factory, but gives the said factory staff KRW 140 million with the right to collect scrap metal from the Fasan Factory, and guarantees the annual revenue of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00.

However, given that there was a situation where the amount of scrap metal was less than 200 tons per annum at the time, the Defendant could not guarantee the victim’s annual revenue of 2,00 tons, and the Defendant had already paid KRW 145 million to G prior to that point, and the Defendant had already received KRW 100 million per annum at the Fsan factory, but did not refund the said KRW 145 million to the above G at the wind where the contract was terminated for three months as the scrap metal was not more than 40 tons, and thus, even if receiving money from the victim, there was no think of the need to pay money to the person in charge of the Fsan factory, and there was no think that the said amount was to have been reduced to the above amount of money, and thus, the Defendant did not have any economic profit to the said G to the extent that it did not have to be refunded to the victim at the time of the above contract.