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(영문) 대구지방법원 2017.09.14 2017고단2404

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"The defendant, on April 3, 2013, 2017 Highest 2404, at the D office in the operation of the defendant in Daegu Northern-gu, Daegu-gu, the victim E (60 years of age) shall take place about about 20 tons per month in D.

It will be possible to collect approximately KRW 100 million monthly scrap metal equivalent to about KRW 20 ton of each week.

“A false statement” was made.

However, at the time, the Defendant entered into a contract with G operating F Resources to collect about 20 tons each month and supplied G with divided steel, so even if the Defendant received the above deposit from the complainant, the Defendant did not have any intent or ability to supply approximately 20 tons each month.

As such, the Defendant, by deceiving the victim as such, received from the victim, a total of KRW 10 million around April 1, 2013, KRW 20 million around April 2, 2013, KRW 30 million around April 15, 2013, KRW 10 million around June 28, 2013, KRW 10 million around June 28, 2013, and KRW 30 million around July 1, 2013, and KRW 100 million from the account in the name of D.

On May 9, 2013, the Defendant borrowed KRW 50 million from the Defendant’s Taesan Credit Cooperative, and provided 50 million in total as collateral for the transfer of 4 parts of CNC Line Co., Ltd. (H, I, J, K), MCR 1 unit (specific number: L) at the market price equivalent to KRW 170 million.

On December 26, 2013, the Defendant: (a) while keeping the said machinery in D’s operation of the Defendant in Daegu Northern-gu, Daegu-gu, the Defendant transferred the said machinery to a trading business entity of used machinery without the consent of the victim; and (b) obstructed the exercise of the victim’s right by moving the said machinery to a non-commercial area and concealing it.

Summary of Evidence

"2017 Highest 2404"

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (to hear statements from relevant witnesses and attach details of account transactions);

1. Details of transactions in each account, written contracts for collection of scrap sheets, specifications of transactions, and recording records "2584";

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1.An accusation legislation (including a supplementary document).