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(영문) 의정부지방법원 고양지원 2016.11.25 2016고단1503
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who has operated a secondhand shop with the trade name “D” in Pakistan.

1. Around November 16, 2012, the Defendant made a false statement to the effect that “F office operated by the victim E in the same Ri “F” would have almost completed the removal of the Ilsan removal site, which would bring about about KRW 50 million in advance to about 20 tons of the substance emitted from the site of the removal in the Ilsan removal site, in advance.”

However, in fact, the Defendant entered into a contract with G on August 29, 2012 to receive scrap metal at the site of removal, but the removal was not made at all due to the exercise of lien at the site of removal, and the removal was delayed for about three months at the site of removal due to the exercise of lien at the site of removal, so it was not clear whether the removal will normally be made within one week, and even if he/she received the scrap metal payment from the victim, he/she did not have any intention or ability to deliver about 20 tons to the victim, even if he/she received the scrap metal payment from G without delivering it to G.

As above, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim under the pretext of the scrap metal, and around that time, received a total of KRW 75,86550,000 from the victims six times during the period from the time to the 30th day of the same month as shown in the list of crimes in the attached Table of Crimes (or a strike equivalent to KRW 33,650,000 from the victim H).

2. As the Defendant required the foregoing E to display the documents for the full payment of bid price, around November 30, 2012, the Defendant prepared a document under the name of the Chief of the Korea Rail Network Authority, “the payment of a contract bond for the selection of a successful bidder (such as snow materials and steel materials)” using a computer at the said D office, and copied the official seal of the Chief of the South Korea Headquarters, which was stored on the computer, and inserted it in the name of the Chief of the Korea Rail Network Authority, and attached it to the name next to the name of the Chief of the South Korea Headquarters.

The defendant has no authority for the purpose of exercising his authority.

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