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(영문) 대구지방법원 2015.06.05 2015고합98
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for two years, Defendant B’s imprisonment for three years, Defendant C’s fine of KRW 10,00,000, and Defendant D.

Reasons

Punishment of the crime

Defendant

A and Defendant B were siblings, from around 1997 to Defendant A, and Defendant B, from around 2009 to around 2009, engaged in the scrap metal wholesale business in the name of father K and L, and collected scrap metal generated from M Co., Ltd. (hereinafter “M”) and sold them to N.

Defendant

From December 26, 1994, Defendant D, from December 1, 2008 to December 1, 2008, Defendant E, from around January 14, 2013 to as a security guard of M respectively, and Defendant E, from around January 14, 2013 to check the weight of the vehicle for collecting and transporting scrap metal, which is measured at the measurement facility installed in front of the due security room in addition to general expenses, and issue a measurement certificate and deliver the measurement certificate to the buyer, who is the department requesting the payment of scrap metal.

1. Defendant B and A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed an attempt to exempt the payment of the price for the actual shipment quantity not entered in the certificate of measurement by removing the scrap metal from the issuance of a measurement facility with the implied approval or cooperation of the M security guards purchased through the provision of ordinary money and goods, etc., or the issuance of measurement certificate by taking out the measurement facility, or by using the measurement facility with the reduction of the weight of the vehicle to the computer, etc., or by taking out the scrap metal with the issuance of a measurement certificate with the reduced quantity of the scrap metal stated in the certificate of measurement.

In the event that the Defendants carried 31,130 km in the aggregate of M on the cargo vehicle at the M place of business located in Busan-si on September 5, 2014 at around four occasions, the Defendants entered a 21,260 km certificate as if they were taken out of the port, with the permission of C, a guard employee, for the purpose of weighing the weight of the cargo vehicle without covering the front cover of the cargo vehicle at the measurement facility installed in front of the guard room.

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