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(영문) 인천지방법원 2016.06.23 2014고단9192 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2014 Highest 9192" is the representative director of C, and D are those who have engaged in the same business with the defendant.

Around June 3, 2014, the Defendant and D conspired to enter into a contract for the removal of H factories in the “G” office operated by the Victim F located in Ansan-si, the Defendant and D entered into the contract with the “G office located in Chungcheongnam-gu, Chungcheongnam-do,” and made a false statement stating that the scrap metal generated after the removal of the factory will be supplied to KRW 330 won per km.

However, in fact, the Defendant and D entered into a sales contract with the I entrusted with the authority to remove H factories, and the Defendant and D agreed to deposit the down payment of KRW 40 million with the Defendant and D, and deposit the remainder of KRW 80 million by the date of the beginning of the removal work. Since the said money was not paid, there was no intention or ability to deliver the scrap metal even if it was paid by the injured party.

As a result, the defendant and D conspiredd the victim, thereby deceiving the victim as above, and acquired 20 million won by transfer from the victim to the national bank account under the name of the defendant.

The Defendant is the representative of “C” and D is a person who has engaged in the same business with the Defendant.

Around 15:00 on June 14, 2014, the Defendant and D made a false statement to the victim L (48 Dose) at K’s house located in theJ of the west-gun of the former North Korea, stating that “The down payment shall be sold at KRW 280 metric tons per Kg 280 won per kg.”

However, since the above scrap metal 400 tons, which the defendant and D attempted to sell to the victim, entered into a provisional contract with the original owner, but cannot prepare for the purchase price of KRW 100 million, it was impossible to purchase it. Therefore, even if they receive advance payment from the injured party, the above scrap metal did not have a de facto intention or ability to sell it to the victim normally.

The defendant and D shall act in collusion with the victim, and the victim shall be 20 million won as the down payment to the defendant and D, who is a franchisp passbook in the name of the defendant and D.

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