beta
(영문) 청주지방법원 2016.03.24 2015고단1991

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 11, 2012, the Defendant was sentenced to imprisonment for three years and six months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court (Seoul High Court on January 11, 2012, and the said judgment became final and conclusive on May

C The actual operator of D Co., Ltd. and the defendant were the head of D Co., Ltd.

C was a large amount of debt and bad credit, and D Co., Ltd. was not operated normally due to the failure to pay the credit to the customer, and the scrap, which was supplied to E, etc., so even if the Defendant and C received money from the victim F, there was no intention or ability to supply scrap to the victim under the following conditions:

1. On November 30, 2009, the Defendant, along with C on November 30, 2009, supplied the victim with scrap metal at least 1500 tons every month from May 23, 2010 to KRW 50 million every month at the office of the D Co., Ltd. located in Ansan-si G, an Ansan-si.

“A false statement was made to the effect that it was “.”

The Defendant and C received KRW 200 million from the injured party to the bank account in the name of D Co., Ltd. for the same day scrap deposit.

Accordingly, the Defendant conspiredd with C to acquire pecuniary benefits by deceiving the victim.

2. On December 7, 2009, the Defendant, at the office of D Co., Ltd. around December 7, 2009, made a false statement to the effect that “The Defendant, under the direction of D Co., Ltd. on December 7, 2009, phone called to the victim and made a false statement to the effect that “The payment of KRW 55 million is expected to be made at the present dump truck several prices, but the company’s settlement fund is urgently required, so that it would be paid first as the advance payment

The defendant and C are 5.5.5.00 Korean bank account of the name of D Co., Ltd. under the name of advance payment for scrap.