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(영문) 전주지방법원 2016.07.26 2015고단2222
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud in the former metropolitan area, and on September 3, 2015, the judgment became final and conclusive.

1. On May 23, 2013, the criminal defendant involved in F removal works said that “The victim H made a false statement by telephone at the site of F removal works located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the effect that the scrap metal emitted from the site of F removal works changed the bond for scrap metal to the extent that the scrap metal emitted from the site of F removal works exceeds one week after the day.”

However, around May 14, 2013, the company I contracted the removal work from the Defense Acquisition Program Agency and subcontracted it to the court of the company with limited liability operated by the defendant around May 24, 2013, and "the scrap metal coming from F101 shall be returned to the unit after the removal and the scrap metal coming from F102 shall be disposed of in accordance with the opinion of the use unit." Since the company "K, the military construction supervisor, and the defendant should deliver the scrap metal coming from F102 to the military, and there was no intention or ability to transfer the scrap metal coming from F10 to the victim by acquiring it.

On May 24, 2013, the Defendant received money from the injured party to the account of the former North Bank in the name of the Defendant from the former North Korea bank account in the name of the Defendant and acquired it by remittance of KRW 10 million as a deposit for scrap metal.

2. Around August 1, 2013, the Defendant related to L Corporation filed a false statement with the victim by telephone at L Corporation located in Young-gun M, Nam-gun, Namnam-gun, stating that “The Defendant changed the advance payment for the scrap metal to be transferred from L Corporation site.”

However, on June 17, 2013, the Korean hydroelectric Energy Corporation, which is a contract for L Corporation, entered into a contract for construction with N company which was awarded a successful bid in an open bid, not a company operated by the defendant, and since the scrap metal generated from L Corporation belongs to the ownership of the Korean hydroelectric power, the defendant did not have the intention or ability to transfer the scrap metal generated from L Corporation to the victim.

The Defendant’s affiliation to this is around August 2, 2013.

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