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(영문) 수원지방법원 안양지원 2016.01.22 2014고단1846
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. From the end of December, 2012, the Defendants related to the sales of scrap metal at the victim F's G office located in the Geumcheon-gu Seoul Metropolitan Government E-dong building C 706 to the victim F office, "(ju) H was in the process of constructing the scrap metal disposal center at the Seocheon-si, Gyeonggi-do, which was almost completed, and is waiting only after completion, the completion of construction will be completed on March 2013, 201, and the J as the chairperson of the I business planning will help complete and permit completion, and he will be appointed as H's representative director, and if so, the J will be a corporation newly established by the party with the authority to sell the scrap metal of H as activity expenses, and if so, the J will grant the amount of KRW 70 million to the J as its representative director.

“Falsely false.”

However, the facts are that K, the representative of H, was detained in the Seoul Central District Court as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the time, and the trial was absent and went out.

As such, it was impossible to complete the construction by March 2013 due to the failure to perform the above-mentioned appurtenant construction work, the above-vehicle business itself was uncertain and it was not registered with H, and thus, it could not take over scrapping from I. The above-mentioned J did not have to take office as H’s representative director. In addition, even if he did not demand money in connection with the sale of the said non-ferrous, even if he did not receive money from the person who suffered damage, he did not have the intent to give the above J, and in such circumstances, the victim did not have the intent or ability to give the right to sell the said non-ferrous metals to the victim.

Nevertheless, the Defendants conspired to deception the victim, and received a total of KRW 70 million, including KRW 20 million on December 28, 2012, and KRW 50 million on January 2, 2013, as activity expenses to obtain the said non-stock sales right.

2. On January 2013, the Defendants related to a business right, such as unused materials, in the above G Office, “I J is the victim’s end-up of the said non-ferrous business, the equipment unused to the government and the financial rights, SK 3saws, and KT.

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