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(영문) 창원지방법원 마산지원 2015.11.17 2015고단444

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2015 Highest 444" is a person who actually operated D, a corporation established for the purpose of manufacturing shipbuilding machinery and equipment, etc., with its head office in the Haan-gun, Haan-nam on September 6, 2011.

On December 14, 2011, the Defendant concluded a scrap metal transaction contract with the victim F, who had engaged in scrap metal business in the name of “E” at the above company office for a period of approximately one year, and said, “The scrap metal amounting to 40-50 tons in one month” to the victim. As such, the Defendant said, “The scrap metal amounting to 30-50 million won in one month. If the scrap metal amounting to 40 tons or more, it will come to 40 tons in other materials.”

However, the Defendant was in a situation where it was difficult for the Defendant to take charge of operating funds, such as personnel expenses, due to the aggravation of business management after the establishment of the company, and there was no certain transaction partner who has been traded more than 40 tons of scrap metal at the same time, and the volume of scrap metal generated during one month was not more than 7-8 tons, and there was no other reserved materials or assets, and therefore, even if the deposited money was received from the victim, there was no intention or ability to supply the agreed amount of scrap metal to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim as a deposit for scrap metal transactions on the same day.

The defendant of "2015 Highest 648" is a person who actually operated D, a corporation established for the purpose of manufacturing shipbuilding machinery and materials, etc. with its head office in the Haan-gun, Haan-nam, Haan-gun on September 6, 2011.

On May 16, 2012, the defendant presented that the victim H operation I office in Changwon-si, Changwon-si, the victim did not receive progress payment in the "(State)" and that the victim did not pay the factory rent. Thus, the defendant requested the advance payment, and that the progress payment will be paid until May 31, 2012.

However, the defendant gains particular profits due to the aggravation of management after the incorporation of the company.