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(영문) 서울중앙지방법원 2014.12.30 2010고합1647
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B. The summary of the judgment of innocence against Defendant B.

Reasons

Punishment of the crime

Defendant

A as the representative director of G Co., Ltd. (hereinafter “G”), through B, who worked as the vice president of G, had the victim H paid money from the victim “I has the right to receive the scrap metal from the Ministry of National Defense or the Han River, and in order to obtain the scrap metal at a low price, it should be registered as a partner, and deposit is necessary to become a partner, and it is necessary to become a partner.” The victim paid money under the name of deposit.

Defendant

A around November 2007, around 2007, A instructed B to “G has the right to receive scrap metal or waste cables from J and K, so A is aware of a person to be supplied with scrap metal, etc.”

B around January 15, 2008, in the office of the 9th floor G of Songpa-gu Seoul Metropolitan Government L Building, “B is the vice-head of the K agency belonging to J and is the vice-president of G, and J and K have the right to receive monthly scrap metal from the Han River or the Ministry of National Defense. There may be high prices for waste electric wires coming from the Han River and the quantity of scrap metal coming from the Ministry of National Defense. The supply of scrap metal must be registered as a collaborative entity such as J and the Ministry of National Defense, and the deposit is required to enter into a quantity supply contract.”

However, the fact that G had no intention or ability to supply the victim with the scrap metal from J or K.

Defendant

A, as above, deceiving the victim as above, received on February 4, 2008 KRW 5 million from the victim to the new bank account of G under the name of deposit, and acquired it by fraud by obtaining a total of KRW 908,429,000 on a total of 41 occasions from around that time to September 11, 2008, as shown in the annexed crime list.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of the witness H;

1. Each prosecutor's interrogation protocol concerning B;

1. A criminal investigation report (related to the A account), investigation report (report on the confirmation of the M-related facts);

1. The head of a medal, a letter of commission, a letter of appointment, a certificate of partner companies, a certificate of J Cooperation Organization, etc.

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