beta
(영문) 광주지방법원 2013.06.04 2012고합907

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Criminal facts

around 2003, the Defendant is called “D” for convenience after the “D Corporation (D)” in Indonesia.

A person who actually established and operated B. In the indictment and evidence records of the instant case, such as scrap metal, the said company described “straw” as “scrap,” “scoops,” “scoops,” “scoops,” “scoops,” and “scoops,” but both of them are expressed as “scoops,” for convenience.

In addition, while the term “sworn glass” is indicated as “old scrap”, “non-refluent scrap metal”, “scooby scrap metal”, “scooby scrap cable”, “scooby cable”, and “the cable”, both for the sake of convenience are expressed as “Guluri”.

In addition, the combination of “definite,” “definite, etc.,” and “definite, etc.,” is combined.

the purpose of this Act is to trade or export the product.

1. Case 2012 Gohap907: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. On March 2007, the Defendant: (a) purchased scrap metal from the “Co. G” office operated by the Victim F; and (b) solicited H (victim’s relative) to purchase and sell it to obtain profits from selling it.

After that, on March 20, 2007, the Defendant stated that “The Defendant was awarded a contract for 300,000 tons of scrap metal from the Indonesian Government to load 300,000 tons of scrap metal. It is necessary to load 300,000 tons of scrap metal. It is not sufficient to KRW 300,000,000. The Defendant would send 45% of the profit after 3 months after the export of scrap metal at the time of investment.”

However, even if the defendant received money from the victim as the purchase price for the scrap metal because there is no scrap metal secured by the defendant at the time, he did not have an intention or ability to reduce the profit on the date of promise after purchasing the scrap metal from time to time.

The specific content is deemed to be “determination on the argument of the accused and the defense counsel”.

Nevertheless, the defendant deceivings the victim as above.