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(영문) 청주지방법원 영동지원 2015.12.03 2015고단87

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of removing or selling scrap metal with the trade name of “E” in the Seo-gu Daejeon, Seo-gu, Daejeon.

On January 15, 2014, the Defendant stated to the effect that “The victim G office located in the Chungcheongbuk-gun F, the Defendant would dismantle and purchase the facilities, such as crain, from the Heavy Industries in the Dispute Resolution Co., Ltd., and would return value-added tax (including value-added tax of KRW 175 million) to the victim by demolishing the facilities and selling them to other business operators until February 15, 2014, if the Plaintiff would substitute for the introduction fee, sales price, etc. < Amended by Act No. 12507, Feb. 15, 2014>

However, the Defendant was delinquent in paying taxes of approximately KRW 56 million on July 2013. From May 2013 to August 8, 2013, the Defendant did not pay KRW 9,600,000,000 in total, including asbestos, asbestos removal work, and pre-surveying work costs, etc. even after receiving asbestos, asbestos removal work, etc. from the space asbestos environment, and from January 2014 to March 2014, the Defendant purchased and dismantled the facility from the Heavy Industries in the Dispute Resolution Co., Ltd. and sold the facility from March 2014 to May 5, 2014, even if the Defendant had the victim pay KRW 15,00,000 on behalf of the victim, the Defendant did not have any intent or ability to pay the full amount of KRW 175,500,000 to the victim.

On January 21, 2014, the Defendant had the victim transfer the sum of KRW 150 million, including KRW 10 million, to the agricultural bank account in the name of the business in the name of the Defendant, for the purchase-price, and KRW 10 million on January 21, 2014, KRW 10 million to the CF bank account in the name of H on January 21, 2014, KRW 20 million to the agricultural bank account in the name of H on January 23, 2014, and KRW 150,000,000,000 to the agricultural bank account in the name of the Defendant’s wife on January 23, 2014. On March 20, 2014, the Defendant paid KRW 40 million to the victim and did not pay the remainder of money.

Accordingly, the defendant deceivings the victim to KRW 110 million.