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(영문) 부산지방법원 2018.06.22 2017고단1076

사기

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2017 order 1076, hereinafter “1076”)

1. On March 17, 2016, the defrauded of the supply price of scrap metal to F is about 15:00, the 12 tons of scrap metal, which has been combined with the victim F, in the office of the “H” factory in Gangseo-gu Busan Metropolitan Government (Defendant operation, name I; hereinafter “Defendant factory”) located in Gangseo-gu Busan Metropolitan Government (the operation of the Defendant, name I; hereinafter “Defendant factory”).

A party shall calculate this scrap metal into KRW 200,000 per kg and purchase it in KRW 2.4 million, and there is no provision in the facts charged, but it is obvious in the evidence and calculation examined by this court and without any changes in the indictment, and it does not seem to hinder the defendant's exercise of his right to defense by recognizing it as above.

The payment of money to the party shall be immediately made to the party.

“......”

However, in fact, the defendant did not have any scrap metal to bring about an additional scrap metal in addition to six tons in the factory of the defendant, so even if he received money from the victim F, he did not have any intention or ability to supply scrap metal exceeding six tons.

Nevertheless, the defendant deceiving the victim F and transferred KRW 2 million from the victim F to the Busan bank account in the name of the victim F on the same day, and the defendant delivered only 6 tons of the market value of the defendant's factory to the Busan bank account in the name of the victim F, and acquired the amount equivalent to KRW 800,000,000 corresponding to the difference by fraud. On March 28, 2016, the defendant will continue to call the victim F to pay advance payment.

The term “influence” and then, it acquired a total of 1.7 million won from the victim F to the Busan bank account in the same name on the same day, such as receiving 900,000 won by defraudation.

2. On March 22, 2016, the Defendant shall make anchors in the Defendant’s factory office at around 15:00, and deliver them to the ordering company by manufacturing anchors in the Defendant’s factory office.