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(영문) 울산지방법원 2013.09.05 2013고단2546

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operated “C” in the name of the Defendant’s wife from July 2010 to January 8, 2013.

On March 19, 2012, the Defendant supplied the victim E with an advance payment of approximately 20 tons of scrap metal in amount to KRW 90,000 per month in Ulsan-gu, Ulsan-gu, to the victim E., “If the scrap metal is not sold, the Defendant will pay KRW 250-3 million per month in cash.” On May 11, 2012, the Defendant issued a notarial deed under a monetary loan agreement for money transfer by means of means of transfer to the complainant.”

However, the above company did not dismiss the above amount. On March 2012, the above company had a difficulty in transactions such as the debt of KRW 30 million, monthly rent of KRW 15 million, and lease fee of KRW 15 million, which is the main transaction partner, the deficit management continued. The defendant, without other property, has a debt of KRW 62 million, including KRW 50 million, from the Small and Medium Enterprise Promotion Office in the name of the defendant's wife.

Therefore, the Defendant could have sufficiently predicted that the scrap metal would not go to 20 tons in one month due to the reduction in the order quantity, and there was no intention or ability to pay cash in lieu of the scrap metal, or return the advance amount of KRW 90 million, and the aforementioned reverse machinery was leased not owned by the Defendant, and thus, there was no intention or ability to dispose of it to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, and under the pretext of the advance payment from the victim for scrap metal, is worth KRW 20 million on March 19, 2013, and the same year.

4. 30.25 million won, per year.

5. 11.45 million won was delivered to the Defendant’s account in the name of the Defendant’s wife.

As a result, the defendant deceivings the victim and received a total of KRW 90 million over three occasions.

Summary of Evidence

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