logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.06.27 2012고단10016
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two years, and a person shall be punished by imprisonment with prison labor for not more than four months.

Reasons

Punishment of the crime

On January 20, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court for fraud, and the judgment became final and conclusive on May 2, 2009.

The defendant seems to have completed the execution of the above punishment on June 2009.

"2012 Highest 10016"

1. The fraud defendant paid to C an amount equivalent to KRW 1,198,00,00 as the price for scrap metal from February 13, 2006 to December 31, 2006, but did not receive the scrap metal from C. The defendant reported C as fraud around June 2007, and the above C was detained on July 25, 2007, and was sentenced to six years of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court's Dong branch branch branch branch.

As such, it was unclear whether C actually exists with raw materials, etc. left from D, and it was sufficiently aware that C was deceiving the Defendant by doing so as to supply the scrap metal without having any scrap metal left from D. Thus, even if C received money from the victim E as the price for scrap metal or the cost of storage, transportation, etc. of scrap metal, there was no intention or ability to supply the victim with scrap metal.

Nevertheless, on August 20, 2007, the Defendant, at a teahouse where it is impossible to identify the trade name in F in Busan, Busan, the Defendant agreed to receive D’s scrap metal from C, and the victim E. If it appears to reach an agreement with C, it is inevitable to remove D’s goods. Within one week, all the problems are resolved within one week, and the price for scrap metal is to be supplied within one week during the scrap metal discharged from D and will be supplied within one week.”

As such, the Defendant, by deceiving the victim as such, received 150 million won from the victim on August 21, 2007 under the name of the non-refusal down payment, and did not supply the non-refus within one week as above, and thus, the Defendant “the goods from C” from the victim.

arrow