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(영문) 서울북부지방법원 2012.07.12 2012고단1299
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 2008, the Defendant did not have any authority over the scrap metal in the factory since he did not enter into a purchase contract for the scrap metal generated from the removal of the above factory, as well as the removal of the above factory, from the Ganststa Co., Ltd. (Representative D), the successful bidder of the Gandong-gun C factory in the Gandong-gun.

Nevertheless, the Defendant prepared a false contract by stating that he/she purchased approximately KRW 7,00 tons of scrap metal in the above C factory in gold KRW 16.3 billion, and that he/she prepared a false contract by stating that he/she was able to do so to F and G and that he/she would transfer the sales right to scrap metal in the above C to the said scrap metal business operator designated by the said person, and then he/she received money from the said scrap metal business operator, such as the victim H, etc. introduced through the above F, as the transfer proceeds of scrap metal sales.

On May 6, 2008, the defendant showed the above contract form, etc. to the victim H through the above F and G at the office of the Daegu Suwon-gu IF corporation, Inc., and secured it at the market price in the case of conversion of the above contract into the market price from the removal construction of the factory of the Gandong-gun, G. The defendant secured it. The defendant would have the right to sell the above C scrap metal to the party, so he would have the right to sell the above C scrap metal, so he would have the right to sell the above C scrap metal to the party, so he would have the same amount of KRW 30 million on the same day from the victim, and the same month.

9. A gold of KRW 10 million was received on the 26th day of the same month from each of the gold of KRW 10 million and received a total of KRW 50 million.

Accordingly, the Defendant, by deceiving the above victim, received a delivery of KRW 50 million in total as the price for the sales of scrap metal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;

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