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(영문) 대구지방법원 2014.04.10 2013고단5065

사기

Text

The defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On August 2, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on August 2, 2013, and the said judgment became final and conclusive on February 14,

The Defendant is a person who runs the removal business with the trade name of C, D is a person who removes waste materials and engages in wholesale and retail business, and E is a registration director of F Co., Ltd. (hereinafter referred to as “F”).

Around August 2010, the Defendant and D, and D became aware of the fact that the Housing Industry Co., Ltd. (hereinafter referred to as the “Housing Industry”) subcontracted the overall removal work (except for closed wires, mutual assistance devices, etc.), and the Dae-line ENC Co., Ltd. (hereinafter referred to as the “Large-line ENC”) subcontracted the removal of waste cables and the installation of new electric wires.

Around September 3, 2010, the Defendant, D, and E entered into a contract for the business of removing and removing the scrap iron of the G building in the name of C and the price of KRW 200 million, and F was to acquire and sell the said scrap metal volume from C. However, the Defendant, D, and E attempted to supply waste materials to various waste materials business operators under the pretext of money, such as down payment or advance payment, by pretending that F had secured the total quantity of waste materials of the G building (including waste cables) from August 2010.

Accordingly, the Defendant and D and E concluded a sales contract on September 29, 2010 to sell all of the materials obtained from H (hereinafter “H”) from around August 2010 to the representative director of H (hereinafter “H”) for the purpose of selling the whole materials of remodeling construction of G building as a contract deposit, etc.

On the other hand, the rayNC, which ordered the removal of waste cables and the installation of new electric wires on October 20, 2010 and around October 27, 201 of the same month, sells the business right to remove waste electric wires in an amount of KRW 520,000,000 to the rooftop industry, and sells the business right to remove waste electric wires in an amount of KRW 520,000,000 to the rooftop industry