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(영문) 서울남부지방법원 2017.07.25 2016고단5423
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant and C are running a sales business of collecting and selling scrap metal under the trade name of “E” in Silung-si D.

On March 201, 201, the Defendant and C have purchased scrap metal from the incineration facility management corporation to the victim I (56 years of age) from "H in the middle and middle of the G operation in the G operation in the Ssung City F," so if the Defendant and C deposit KRW 50 million with the down payment and deposit, they will supply the scrap metal to the victim I (56 years of age).

The phrase “ makes a false statement.”

However, in fact, the Defendant and C already concluded a overlapping contract with other business parties, such as H and J, and had disputes over the legal relationship by receiving each advance payment, and did not pay the scrap metal to the Korea Facilities Management Corporation. Even if the Defendant and C received the money from the injured party, they did not intend to pay the advance payment or consume the existing debt repayment and living expenses, but did not have the intent or ability to supply the money normally to the injured party.

The Defendant and C conspired in collusion with the victim as above, and was transferred KRW 50 million to a new bank account (K) in the name of H corporation from April 4, 2014 to July 7 of the same month from the victim to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office and each police interrogation protocol against the accused and C (including a part of the examination of the suspect);

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to file a complaint, a written contract for purchase of goods, details of transfer transactions, and a letter of commitment to supply scrap metal to the Korea Housing Corporation;

1. The relevant legal provisions on criminal facts, Articles 347(1) and 30 of the Criminal Act, the reason for sentencing of sentence of imprisonment, and the reason for sentencing of sentence was considerable experience in running the scrap metal business from around 2003 to start the business together by proposing the scrap metal business to C, and the defendant seems to play a significant role in the process of the scrap metal business, such as the instant crime, and the fraud is ultimately used by the defendant and C in division.

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