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(영문) 서울동부지방법원 2014.05.29 2013고단2900

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On August 24, 2012, the Defendant made a false statement at the “E” office operated by the victim D in Sungsung-si, that “The Defendant would sell the scrap metal to the victim at a good value on the face of the supply, and the price would be paid immediately as sold.”

However, even if the defendant sells scrap metal, he did not have the intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received from the victim, i.e., delivery of KRW 13,000 g of scrap metal equivalent to the market price of KRW 6,370,000 from the victim, and around September 3, 2012 at the market price of KRW 2,410,00,000 from the victim, on two occasions, including KRW 4,920 g of scrap metal equivalent to the market price of KRW 8,780,00 in total.

2. Around October 15, 2012, the Defendant made a false statement to the said victim that “on the face of supplying steel plates to the said victim by processing and supplying steel plates to the said victim at the same place as Paragraph (1).”

However, the facts do not have the intent or ability to allow the victim to receive the price of goods from the (ju) Esti even if the victim processed and supplied the iron plate to the (ju) Esti.

The Defendant, by deceiving the victim as such, had the victim supply steel plates equivalent to KRW 18,354,770, processed steel plates to Esti, and then acquired pecuniary profits equivalent to that amount by offsetting the material cost to be paid by the Defendant to Esti.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning D replacement);

1. Each protocol concerning the examination of the suspect against the defendant (including parts concerning D replacement);

1. Statement of D police statement;

1. Each complaint;

1. Investigation report (the head of Sti F division and telephone);

1. As to the facts constituting the crime set forth in No. 1 of the Statement of Settlement and Business Cooperation with Ethy, the Defendant is against the victim’s factory and machinery located in Ethy C (hereinafter “instant factory and machinery”).