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(영문) 서울남부지방법원 2017.02.02 2016고단4741
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, along with D, sells scrap metal collection in the name of “F” located in E 203 at Silung-si, E. 201.

On January 31, 201, the Defendant concluded a contract with the victim to purchase the scrap metal from the incineration place at the facilities management corporation office located in Singu-dong 2135, Sinsi-dong 2135, in collusion with D, to the employee who could not know his name.

However, the fact that the Defendant promoted the scrap metal trading business with D was a structure that caused damage to KRW 240-270 per kg through the purchase and resale of scrap metal from the damaged party. The circumstances where it was impossible to purchase and resell the scrap metal at the lower price for appeal from the (ju) Roco to meet such damage. In addition, there was no special revenue or property, and there was no intention or ability to pay the victim the advance payment for personal debt and living expenses, and there was no scrap metal purchased from the injured party to sell it to G, H and I.

The Defendant received delivery of 56,188,400 tons of scrap metal from February 5, 201 to May 6, 201, equivalent to KRW 56,18,400 from the injured party.

Accordingly, the defendant received property from the injured party in collusion with D.

The Defendant and D are running the business of collecting and selling scrap metal in the trade name of “F” in accordance with Article 203 of the Silung-si E 203.

The defendant and D will supply the victim L(56 tax) with the "G in the middle of the year of 201 in order to deposit the scrap metal generated from the incineration place from the Sinung-si Facility Management Corporation" in the middle of the year of 201 with the down payment and deposit amount of KRW 50 million.

The phrase “ makes a false statement.”

However, in fact, the defendant and D have already entered into a double contract with other business partners such as G and H, and receive each advance payment.

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