(영문) 대구지방법원 2013.08.02 2013고합56

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(영문) 대구지방법원 2013.08.02 2013고합56

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

"2013, 56"

1. Fraud;

A. A. Around August 10, 2010, the Defendant made a false statement to the D office operated by the Defendant in Seongdong-gu Seoul, that “The Defendant entered into an agreement with F, the vice president of the victim E-stock company to collect scrap metal at the new site of G officetels. The Defendant would give the full scrap metal from the site of this site, if it is a week.”

However, the fact was that the scrap metal generated from the construction site of the above Gtel did not have the ability to pay the scrap metal to the victim at the above site because the scrap metal was directly disposed of at H, and even if the victim received money from the victim, it was thought that it was used to pay the personal debt.

On August 12, 2010, the Defendant, by deceiving the victim as above, obtained a total of KRW 40 million including KRW 20 million from the same account on the 13th day of the same month from the victim’s bank account in the name of the Defendant, and acquired it by deception.

B. On September 1, 2010, the Defendant concluded a false statement that “F, the vice president of the victim E-stock company, entered into a contract with K to accept a subcontract for the right to dispose of the scrap iron and the non-stock arising from the removal work among the remodeling works of J building, which would be 320 million won at the above site, on the ground of the main text of the contract.”

However, the defendant thought that the right to dispose of scrap metal and non-performance subcontracted by K would have already been sold to L, not the victim, so there was no intention to do so, and even if he received money from the victim, he would have used it to pay his personal debt.

The Defendant, as above, deceiving the victim and deceiving him from the victim on September 2, 2010, up to KRW 100,000,000 from the account of an enterprise bank in the name of the Defendant and the same month

3. It shall be received with the same account totaling KRW 320 million, including KRW 220 million.

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