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(영문) 부산지방법원 2016.02.19 2015고단1605

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On September 26, 2013, the Defendant stated that “A victim D shall import and sell waste plastics 1,300 tons, make a prior selection and sale and make profits, and return 30% of the principal and profits, if the business funds are paid out.”

However, the Defendant attempted to sell the waste plastics 50 tons in a place different from the place of disposal reported by the Defendant, but did not sell the relevant plastic, but did not sell it. After that, the Defendant did not have sufficient equipment necessary for the operation of screening, crushing, etc. prior to the closure plastic sales in a place where the remaining waste plastics 1,300 tons have been kept, and there was a concern for re-control. As such, even if receiving business funds from the injured party, the Defendant did not have any intent or ability to keep the proceeds by running the waste plastics recycling and sales business in a normal manner.

The defendant deceivings the victim as above and received delivery of KRW 92 million on the same day from the victim.

2. Around January 8, 2014, the Defendant committed the crime against the Victim F, at the trade influent workplace in the above E, said E, told the Victim F to supply the full amount of PP (Pene) and PE ( Polyethylene) that was imported from the workplace in Yongcheon City, G, and that the Defendant selected the down payment on the face of the PP ( Polyethylene) and the PE ( Polyethylene).

However, in fact, the Defendant was difficult to conduct a normal business due to the circumstances, such as the statement in Paragraph 1, and received KRW 25 million in return for promising H to supply 50 tons of PE to H around January 6, 2014, prior to the mold. Therefore, even if the Defendant received the down payment from the injured party, the Defendant shall supply the entire amount of products extracted by normally running waste plastics recycling and selling business to the injured party.