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(영문) 대구지방법원 의성지원 2015.12.03 2015고단187
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is the actual manager of C Co., Ltd. (hereinafter referred to as “C”), D is the head of a factory of C, and E is a person who runs a secondhand shop.

On January 11, 2012, the defendant was sentenced to six years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on January 19, 2012.

1. The Defendant and D co-principaled with D and E supplied scrap (metallic scraps generated in the course of manufacturing metal products) to the victim F, by deceiving the victim and using the victim’s debt repayment, etc. with cash, and E conspired in sequence with the victim for personal use with cash in return for arranging a contract for the supply of scrap with C.

Accordingly, on November 30, 2009, the Defendant and D and E made a false statement to the victim at an office located in Ansan-si G on the following occasions: “When there is scrap scrap remaining after the production of products in C or scrap collected from the outside after being ordered by the C, at least 1,500 tons per month shall be supplied, and the deposit money shall be paid in 50 million won per month from May 23, 2010 to May 23, 201.”

However, at the time of fact, at the time of bad credit, the Defendant had a debt of 80 million won or more and was not operated normally by Cdo electrical construction. Since the scrap, which was supplied to H, was not supplied with money, there was no intention or ability to supply scrap to the victim under the above conditions.

Nevertheless, the Defendant, in collusion with D and E, by deceiving the victim as above, and obtained KRW 200 million from the bank account (I) in the name of C on November 30, 2009 for scrap scrap deposit to the victim.

2. The Defendant and D, in relation to D, deceiving the victim as if they were to supply scrap scrap to the F.

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