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(영문) 수원지방법원 평택지원 2018.10.18 2017고단1958 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around July to August 2012, 2012, was a person who operated the Alumin scrap business from around A, etc. to around A, and the joint Defendant A, who was separately sentenced, served as the head of the incorporated foundation E (hereinafter “E”) business from around July 2012 to April 5, 2013, is a person who was engaged in the scrap business, etc.

In collusion with A, the Defendant: (a) concluded a contract with A to indicate about 300 tons of aluminium scrap scrap owned by the Defendant to the victim B; (b) by deceiving the victim by misrepresenting the status of the head of the E business; and (c) intended to obtain money from the victim as a down payment.

The Defendant, in collusion with A on February 25, 2014, in the office of “G” located in Pyeongtaek-si F around February 25, 2014, held 6,000 tons of the E aluminium scrap.

Since Alumin scrap has considerable property value and can impose a larger amount of money when disposing of it to a foreign country, 50,000 won for a down payment, 100 won per 1 km after disposing of the ham scrap immediately.

Even if the scrap does not immediately dispose of it, 50,000 won will be repaid by March 5, 2014, later than one week.

Since the head of the E business team guarantees, the contents of the contract shall be observed without framework.

“.......”

However, the defendant was not E, but the defendant was in possession of it personally, and the defendant was in possession of only 300 tons of aluminium scrap, and the defendant and A did not have the intent or ability to pay profits to the victim by disposing of it, even if he received KRW 50 million from the injured party, and the defendant and A did not have the intention or ability to pay profits to the victim, even if they did not dispose of it, since the defendant and A were financially lacking, they did not have the intention or ability to pay 50 million won until March 5, 2014.

Nevertheless, it is not appropriate.

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