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(영문) 대전지방법원 2020.07.24 2019고단4933
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a high-speed retail retail company B.

1. Around October 21, 2018, the Defendant made a false statement to the effect that “If at our company, the Defendant would remove a factory in the Gyeongnam Sacheon, he would remove the steel and electric wires after the removal of the factory, the Defendant would remove the factory.”

However, at the time, the defendant did not have entered into a contract to remove the factory in Gyeongcheon-do, and the victim could not remove the Gyeongcheon-do factory and deliver the scrap metal and electric wires to the victim. However, due to financial difficulties, the defendant did not have any intent or ability to repay the borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the corporate bank account in the name of the company bank bank account in the same day.

2. On June 21, 2019, the Defendant entered into a contract to purchase approximately 400 tons of scrap metal prior to E from a company in the coffee shop in Daejeon Sung-gu Daejeon Pungdong C hotel, stating that “The Defendant would supply the victim with scrap metal at KRW 30 million per kg unit price less than KRW 255,000,000,000,000.”

However, the defendant thought that he will use the money received from the victim for the purpose of personal debt repayment, and there was no intention or ability to supply the scrap metal to the victim in a low manner because he did not have concluded the E scrap metal purchase contract.

The Defendant deceptioned the victim and transferred 30 million won from the victim to the exclusive account for c.3 million won, including value-added tax, in the name of the Korea Bank Scrap in the name of the Dispute Resolution Co., Ltd., but due to the nature of the account, 3 million won, which is the value-added tax, is automatically divided into the account of the competent tax office and transferred to the account of the dispute Resolution Co., Ltd., and only 30 million won is deposited into the account of

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