beta
(영문) 대구지방법원 영덕지원 2016.06.24 2016고단24

사기등

Text

Defendant

A and H shall be punished by imprisonment for one year, and by a fine of 30,000,000 won for Defendant G Co., Ltd., respectively.

except that this judgment.

Reasons

Punishment of the crime

[2016 Highest 24] On April 2014, the Defendant made a false statement to the effect that “The Defendant would pay the Defendant aggregate by selling the aggregate to the undeveloped industry if the Plaintiff supplied the aggregate on land.”

However, the Defendant, at the time, failed to pay approximately KRW 500 million to G, which is a business partner, when operating a company that produces and supplies aggregate, had been supplied with aggregate from the damaged party and sold it, even if the Defendant received the payment from the injured party, but did not have the intent or ability to pay aggregate to the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) received aggregate amounting to KRW 1,428,00,000 from the victim on July 5, 2014; and (c) received aggregate amounting to KRW 102,00,00 from the victim; and (d) received aggregate amounting to KRW 51,157,70,00 in total on 26 occasions from November 24, 2014 as indicated in the list of crimes in the separate sheet of crimes; and (b) obtained and fraudulently acquired aggregate amounting to KRW 51,157

【Defendant H, on March 18, 2011, established and operated “AM Co., Ltd.” (hereinafter “AM”) for the purpose of collecting earth and stone (forest aggregate), collecting and manufacturing recycleds, and selling aggregate, etc., with the head office in Young-gun F on March 18, 2011; Defendant H is a person who operated the GM Co., Ltd. (hereinafter “G”) on March 6, 2013, changing its trade name into “G Co., Ltd.” (hereinafter “G”); Defendant A was a person in charge of handling various civil petitions from each of the above businesses in the operation of Defendant H; Defendant G is a corporation established for the purpose of collecting earth and stone and land aggregate, recycling, producing and manufacturing aggregate, and selling aggregate.

1. A person who commits a joint crime by Defendant H and A shall be granted permission or approval.