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(영문) 수원지방법원 안산지원 2018.05.02 2017고단3355

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a resource recycling company “B” (a member of Ansan-gu C).

1. On November 201, 2016, the Defendant purchased the scrap metal, etc. from a victim E who operates D at an insular area at Ansan-si (hereinafter referred to as the “insular area”) with the purchase of the scrap metal from the purchase of the scrap metal, etc. to the victim E, who purchased the scrap metal from the purchase of the scrap metal, etc., and would make a half of the proceeds from the sale separately from the repayment of the principal.

The consent of the sale of scrap metal, etc. that has been purchased shall be the same as E.

2. The term “assumed.”

However, in fact, the Defendant did not think of using all parts of the money that he received from the injured party as the purchase cost of scrap metal, sold some part of the purchased high-railroads, and was willing to use them by the Defendant, and due to the failure to operate a resource recycling company around 2013, it was not possible to continue to operate a resource recycling company due to the lack of personal rehabilitation and due to the lack of economic circumstances to make it impossible to pay the unpaid tax and the card payment. Therefore, even if the purchase fund, such as scrap metal, was received from the injured party, there was no intention or ability to deliver the principal

Nevertheless, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim on November 11, 2016, KRW 2.5 million on or around December 23, 2016, and received KRW 3.5 million on or around December 24, 2016, and acquired KRW 3.5 million on or around January 5, 2017, KRW 5.2 million on or around January 31, 2017, and KRW 5.4 million on or around February 13, 2017, and received KRW 21.6 million on or around December 23, 2017.

2. On February 24, 2017, the Defendant, who committed a crime on or around February 24, 2017, calls from the victim E to purchase the machinery from the scrap metal.

The transfer of 2 million won to the F's account will be made by using the above money and paying off the money.

“.....”

However, the defendant does not use the above 2 million won for the purchase of machinery, but lends the above money to F who is the removal business operator.