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(영문) 부산지방법원 2014.06.13 2012고단304 (1)
사기등
Text

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

Reasons

Punishment of the crime

Around January 24, 2007, the Defendant: (a) concluded a contract for reconstruction works of the Seo-gu Seoul Metropolitan City G Apartment Complex in the name of “E company” with D, under the name of “E company” where D was the representative director; (b) around February 2007, D would have succeeded to the said contract in the name of H Co., Ltd. upon D’s withdrawal from the said contract; and (c) in order to raise the cost of the said removal works, D would have received money from the victim I to use the said removal works on the condition of selling scrap metals generated from the said removal works to the victim I. Accordingly, the Defendant, at the office of “K Co., Ltd., Ltd.,” for the victim’s operation, and at the end of 0,007, F would make a recommendation to the said apartment reconstruction and improvement association L, and F would make a settlement of the price for the said removal works to the said apartment company and sell it to the said third party at the site of the EM, and the victim would not sell the money to the other party.

“A letter of agreement for the sale of scrap metal” has been drawn up.

However, the defendant and C did not have funds to implement the above removal work. The E company did not have a license to implement the removal work, and the above H company changed only the introduction of the company from M, the representative director, and the above H company did not have any intention or ability to sell the scrap metal to the victim even if it was paid the contract deposit from the victim because it did not have concluded the above removal work contract under the above H name.

In addition, the defendant and C have the F by fraud around April 2007.

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