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(영문) 수원지방법원 2017.10.27 2016고단6522

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant: (a) issued a contract for the sale of goods and a summary thereof to the effect that, on September 11, 2015, the Defendant would supply 1,270 tons of each day in the E base to H, who is an employee of the Fund in charge of the Resolution of the Settlement of the Victims, to F, who is an employee of the Fund in charge of the Resolution of the Settlement of the Victims, by September 25, 2015; and (b) completed a contract for the sale of goods and a summary thereof; and (c) received a remittance of KRW 100 million from the Busan Bank account in the name of F, around 16:21 on the same day.

However, it is true that the defendant would supply the victim's Tae-Jak Construction Co., Ltd. to the Dispute Resolution Co., Ltd., which is not the "Seoul-Jak Construction Co., Ltd." or the "Weight Co., Ltd.", but the "JR" amount secured by the defendant at the time was about 500 tons, and thus, even if the victim's Tae-Jak Construction Co., Ltd. receives KRW 100 million from the Dispute Resolution Co., Ltd. to the Dispute Resolution Co., Ltd. under the terms of the contract, there was no ability or intent to supply

In this respect, the defendant deceivings the victim to the dispute resolution committee, thereby deceiving 100 million won.

"2017 Highest 2765" was the actual operator of F on August 2015, the Defendant participated in the bid for the sale of the first high class iron and the second class iron of the end-of-life railway around 556 tons of the I and entered into a contract only upon the payment of contract deposit (10% of the purchase price) for the first class 556 tons of the first class. A contract deposit for the first class 1,026 tons of the end-of-life railway (5% of the total purchase price for the participation in the bidding, 5% of the bid price for the bid, and if the bid is awarded, 10% of the total purchase price for the first class 5% of the bid, this amount will become a contract deposit and the contract for the construction of the Korean Railroad and the conclusion of the contract for the sale of the above scrap railway). In order to have full authority to take out the above scrap, the Defendant shall pay the total amount of KRW 100 million within 5 days from the contract date (contract deposit).