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(영문) 대전지방법원 공주지원 2016.01.15 2015고단255
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendants, with respect to F Co., Ltd. in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, concluded a provisional contract with the owner of the above mine to obtain the right to collect earth and stones and the right to operate the mine from G, who was the owner of the above mine, and subsequently, Defendant A provided to Defendant B the power of delegation to delegate his own name contract and the right to manage the contract to Defendant B, and Defendant B conspired to receive the investment money.

Accordingly, on September 26, 2013, Defendant B only J of the victim at the I Office located in Guro-gu Seoul Metropolitan Government, and presented a contract and power of attorney for collecting earth and stones under the name of Defendant A, and Defendant A fully acquired the F’s right to collect earth and stones. “Whenever equipment is used because it has the right to collect earth and stones, it can be collected at any time, and earth and stones collected can be supplied at the site of neighboring road construction sites.

If a deposit is invested in KRW 50,000,000, it will begin with the production and make profits of KRW 500,000 per cubic year.

“Falsely speaking, Defendant A refers to himself as “the President,” and Defendant A committed so as to have the collection of earth and stone even if the work was done in concert with Defendant B.

However, in fact, the Defendants did not obtain full authority to collect earth and stones since only entered into a provisional contract with G but also failed to pay 15 million assistance payments, which they promised to G, and therefore did not obtain full authority to collect earth and stones. Moreover, the Defendants did not fully proceed with all procedures for writing in mechanical equipment, such as crynas, etc. necessary for collecting earth and stones, and even if they did not receive investments from the victim J because they did not have the ability to operate any capital or machinery, even though they did not require considerable funds in order to lease or operate the said machinery.

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