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(영문) 창원지방법원 마산지원 2013.04.03 2012고단804
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant: (a) at the office of E Co., Ltd. operated by D in Changwon-si, Changwon-si; (b) at the office of E Co., Ltd., operated by D in the Changwon-si, the Defendant: (c) concluded a contract to sell scrap metal supplied by (d) the Defendant’s auditor from (e.g.) with deposit 200 million won; and (d) supplied the victim H; (c) the Defendant formed a pro-friendly relationship with the officers of (d) the company register and the Defendant’s (d) director’s (d) director’s (d) director’s (d) director’s (d) director’s (d) director’s (d) director’s (d) director’s (d) director’s (D) director’s (D) director’s (D) director’s (D) director’s (D) director’s (D) director’s (D) director’s (D) director’s) director’s (D); and (d) the Defendant’s supply the remainder to the victim.

In fact, the Defendant did not know the president of the Hyundai Heavy Industries, who was in office, and did not have any intention or ability to receive a subcontract related to the scrap metal from a large public enterprise until November 10, 201, and did not have any intention or ability to supply scrap metal on the date the Defendant promised with the victim.

As above, the Defendant received from the victim each remittance of KRW 30 million on October 28, 201, KRW 100 million on October 31, 201, KRW 100 million on October 31, 201, and KRW 70 million on November 2, 201, respectively, to the national bank account designated by the Defendant as security deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, I, H and J;

1. Each police statement of K, L, or M;

1. A specification of transactions, and a specification of transactions;

1. A copy of the contract or a cash receipt;

1. (State) Applications for permission to appoint directors;

1. Application of Acts and subordinate statutes of each certified transcript of corporate register (G, stock companyF);

1. Criminal facts;

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