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(영문) 대구지방법원 김천지원 2013.12.18 2013고단639
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 30 million won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On November 14, 2012, the Defendant shown the waste cable in the factory in Kimcheon-si, Kimcheon-si, to the victim B, and falsely concluded that “A domestic corporation has worked as a director in the Dispute Resolution Co., Ltd., and was awarded a successful bid for waste cable generated from D by the Dispute Resolution Co., Ltd. at the Dispute Resolution Co., Ltd. at the Dispute Resolution Co., Ltd. at the Dispute Resolution Co., Ltd. at the Dispute Resolution Co., Ltd. by November 30, 2012.”

However, in fact, the defendant did not prepare 225 million won the successful bid price for the last two months even after he received the successful bid for scrap metal and waste cable around September 2012, and was aware of the situation where the payment is delayed until November 30, 2012, and thus, there was no intention or ability to transfer the waste cable to the victim until November 30, 2012. The defendant did not notify the victim of the contract with the victim of the fact of the contract, but tried to use the down payment received from the victim as the purchase price for other used machinery that is not related to the waste wire at will.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the agricultural bank account under the name of the Defendant as the down payment on the same day, and received KRW 10 million from the victim to the same account in the name of additional down payment on the 24th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the protocol of interrogation of the accused by the prosecution

1. Each police statement concerning B and F;

1. B accusation;

1. Investigation report (as to attachment of details of transactions of suspects)

1. Application of a contract for transferring waste electric wires, or a copy of passbook;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 25, 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Orders for Compensation and Declaration of Provisional Execution [Determination of Punishment] Fraud: Basic area of less than KRW 100 million [Scope of Determination and Recommendations], six months to one year and six months [whether suspended execution is suspended]: Cases where the substantial damage is considerably small.

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