사기
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Defendant
B is not guilty.
Punishment of the crime
Defendant
A is a person who operates the G Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) of the F Building 206 in Seocheon-gu, Seocheon-gu.
1. On May 21, 2013, the Defendant stated that “The victim I engaged in scrap metal business in the name of Defendant Company’s office, “H,” “The Defendant Company shall commission the Defendant Company to undertake the removal of the Gu K site in Incheon Bupyeong-guJ. From June 10, 2013 to the end of the construction of the removal of the site at KRW 60,000,000 from June 10, 2013, and the right to remove the scrap metal produced after the removal will be granted.”
However, in fact, the Defendant did not have been responsible for the construction of removal of the buildings at the above K site, and there was no authority to dispose of the scrap metal coming from the said site. Therefore, even if the Defendant received the said money, he did not have the intent or ability to force the victim to dispose of the scrap metal at the above site.
Nevertheless, as above, the defendant deceiving the victim as above, prepared "a contract for scrap metal sales" with the victim, and deposited 30 million won into L's account under the name of contract deposit on the same day, and received 20 million won from the next account.
2. On October 18, 2013, Defendant A stated that “The right to take out the scrap metal at the above K site is against the Defendant Company,” and Defendant A said that “The right to take out the scrap metal at the above K site is against the Defendant Company. In order to apply for recognition of ownership, there is KRW 40,000 as a deposit, but the contract deposit is KRW 40,000 as a down payment, and it is possible to supply and dispose of the scrap metal from the above site.”
However, in fact, the Defendant did not have any authority to dispose of the above buildings or scrap metal coming from the above K site, so even if receiving the above money, the Defendant did not have the intent or ability to force the victim to dispose of the said scrap metal at the site.
Nevertheless, the defendant deceivings the victim as above and belongs to the seat.