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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단2568
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B and A (one-person referred to as "D") is expected to receive the victim F's right to collect scrap metal from the G office of the high iron collection company run by the victim F in the Dong-gu, Yongsan-gu, Chungcheongnam-si, Seoul around December 9, 2014, in the victim's G office, "The victim will receive the victim's right to collect scrap metal from the 1,560 construction site of Kimpo-si H apartment.

The term “the collection of scrap metal from an exclusive site shall be calculated as KRW 90,00 per household, which shall be calculated as KRW 13,50,000 per unit.”

However, the fact is that the defendants did not have the right to collect scrap metal in the above field, and it is not clear whether they will receive the right to collect scrap metal in the future from the victims, and even if they receive money from the victims, they did not have the intention or ability to obtain the right to collect scrap metal.

The Defendants conspired in collusion and received 13.5 million won in cash from the injured party for the same day as the price for the right to collect scrap metal.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Part of the witness F and J’s respective legal statements, and A’s legal statements;

1. Application of Acts and subordinate statutes to written complaint, power of attorney, business registration certificate, and contract;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants who choose a sentence for criminal facts:

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Determination on the Defendants’ assertion under Article 62-2 of the Criminal Act

1. The head of the State: Defendant A was promised to collect money from the injured party at the time of receiving the money, and the other company was involved in the other company, and the victim did not return the money and did not perform the contract, and there was no intention to commit fraud.

Defendant

B: Defendant A, who had the right to collect the monopoly of the instant H apartment, only introduced the victim at the end of Defendant A and did not have any criminal intent or conspiracy.

2. However, the evidence duly adopted and examined by the court is recognized as a whole.

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