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(영문) 대구지방법원 김천지원 2014.02.19 2012고단932

사기등

Text

Defendant

A shall be punished by imprisonment of one year and four months, and by imprisonment of one year and six months, respectively.

Defendant

A, each.

Reasons

Punishment of the crime

[Criminal Justice] On July 11, 2008, Defendant A sentenced the Daegu District Court to two years of imprisonment for fraud, etc., and completed the execution of the sentence in the Daegu Prison on June 20, 2009.

Defendant

B On May 15, 2008, the Daegu District Court was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court, and was released on May 29, 2009 in the first prison of the North Korean Dos on August 29, 2009 during the execution of the sentence, and was exempted from the remaining term by special amnesty on August 15, 2009. On March 29, 2012, the Seoul Central District Court was sentenced to one year of imprisonment for fraud at the Seoul Central District Court and became final and conclusive on June 20, 2012.

【Criminal Facts】

1. "2012 Highest 932"- Defendant A;

A. On February 25, 2010, the Defendant made a false statement to the effect that “The Defendant was delegated by the person who acquired the G factory located outside FF in the Republic of Korea and planned to remove the said factory, and would bring the scrap metal into the Republic of Korea,” from the mutual influence points located in Seoyang-gu, Busan Metropolitan City, Seoyang-gu, Busan, to the effect that “The Defendant would remove the said factory, and would pay for the scrap metal in advance.”

However, in fact, H, a corporation, the owner of the above factory, prepared a provisional contract for the acquisition of the factory with I, the owner of the above factory, and thus, did not reach the conclusion of the contract because the contract could not be concluded because it was impossible for the Defendant to remove the above factory due to the fact that the Defendant could not remove the scrap metal.

As such, the Defendant, by deceiving the victim, received a delivery of KRW 21 million as the down payment for the sales and purchase of scrap metal from the victim.

B. The Defendant: (a) leased and used a pipe from the victim K in the Gyeongdong-gun, the Defendant decided to purchase the pipe from the victim for about three to four months.

The Defendant: (a) around January 9, 2010, 400 non-meter pipe 400; (b) 4m non-meter pipe 100; (c) 6m non-meter pipe around January 16, 2010; and (d) 4m.