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(영문) 창원지방법원 마산지원 2019.06.11 2019고단172
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On June 30, 2015, the Defendant was sentenced to two years of imprisonment for a term of fraud in the Changwon District Court Msan Branch, which was sentenced to one year of suspension of execution, and the judgment was finalized on July 8, 2015. On June 15, 2017, the Defendant was sentenced to three years of suspension of execution and three months of imprisonment for the same crime at the Changwon District Court on June 23, 2017, and the judgment became final and conclusive on June 26, 2018. On June 26, 2018, the Defendant was sentenced to one year of imprisonment in the Changwon District Court Msan Branch, which became final and conclusive on October 26, 2018, and is currently in the execution of the sentence in the Changwon Prison.

The defendant is a person who operates C in the shipbuilding machinery cutting business located in Changwon-si, Muwon-si B, and the victim D is a person who actually operates F and G, a corporation that is engaged in the business of selling scrap iron and non-ferrous iron located in the counter E of Changwon-si, Changwon-si.

At the time of December 2014, C had been in a de facto discontinuance of business as of August 2015, when there was almost little sales that could not be paid taxes, and C had been in a de facto discontinuance of business, and the Defendant also had a large amount of liability, such as paying KRW 130 million at the time of December 2014.

1. Around December 23, 2014, the Defendant committed the crime concluded that, at the above C office around December 23, 2014, the Defendant would supply for two years the 50 to 70 tons of steel plates attached thereto, each month from which he/she leased KRW 20 million to the victim, while performing the work of lending KRW 20 million with the deposit for scrap metal.

However, even if the defendant received money from the victim as a deposit for scrap metal, he/she did not have an intention or ability to supply steel plates attached thereto.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the Agricultural Cooperative (H) account under the name of the Defendant, and acquired it by deceiving the victim.

2. Around January 16, 2015, the Defendant committed the crime, stating that “Around January 16, 2015, the Defendant would bring about the main processing quantity and deliver it to the victim at the above F office, and “I will bring about the main processing quantity of KRW 10 million for various expenses, on the pretext of various expenses.”

(b).

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