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(영문) 부산지방법원 2015.05.21 2014고단8941
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 25, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months at the Busan District Court on September 25, 2012, and the said judgment became final and conclusive on January 7, 2013.

On October 6, 2010, the Defendant, at the private office located in Nam-gu, Busan Metropolitan City C Apartment 1001, concluded a sales contract to the effect that “If the Defendant pays KRW 60 million to the victim E, the Defendant would transfer the right to the sn beam beamline, the clothes trial and all other scrap irons taken out from the construction site of the F Building at Changwon-si, to the victim E, and that the Defendant would sell all the scrap irons generated from the construction site of the construction site of the original F Building at that place to the victim.”

However, in fact, the Defendant entered into a sales contract with G on June 2010 for the scrap iron at the construction site of the F building site, but G became aware that it is not authorized to sell it or may not perform the contract around July 2010, and even if he receives the down payment from the victim, he did not have the intent or ability to supply the scrap iron in the above site as agreed upon.

Nevertheless, around October 7, 2010, the Defendant received KRW 60 million from the victim to the Agricultural Cooperative Account in the name of the Defendant, and acquired it through the defrauded, under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. A sales contract, the sales contract, the details of transactions, the sn beamline, the sales contract, the sales contract for the removed sn beam, the sn beam of a double trial, and the

1. Before ruling: Criminal records and investigation reports (No. 28 No. 1);

1. Although the Defendant asserts that there was no deception by the victim, the following circumstances acknowledged by each evidence of the judgment, namely, the Defendant may not normally implement the sales contract for the scrap metal that G had already concluded with the Defendant and H before resale of the scrap metal to the victim E.

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