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(영문) 대전지방법원 천안지원 2014.10.23 2013고단739
사기
Text

Defendant

A Imprisonment of one year and eight months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of 4 months of imprisonment for fraud at the Cheongju District Court on March 21, 2012, and the judgment becomes final and conclusive on the 29th of the same month.

[2013 Highest 739]

1. Defendant A

A. The Defendant did not have entered into a supply contract with F in fact. From 2000 to 200, the Defendant did not have any intent to use it as expenses for the removal of scrap metal even if he was in bad credit due to tax delinquency, and did not have any intent or ability to return the investment money on the agreed date. On November 20, 2009, the Defendant sent the victim I a release contract of 12,000 tons of non-metallic metal generated from F with the Chairman of the KJ at the second floor of the Seocho-gu Seoul Metropolitan Government Building, and the victim I would be able to take out 6,000 tons of the non-metallic metal generated from F with its own expense. The Defendant would obtain 200 million won of the funds from the victim’s account under the name of 1k and 2.2 billion won of the funds from 2.2 billion won of the funds from 200 billion won of investment.

B. The Defendant did not have entered into a supply contract with F in fact, and even if the Defendant received the down payment from the victim, there was no intent to use it as expenses for the removal of the scrap metal, and even if there was no intention or ability to deliver the scrap metal on the agreed date, on December 2, 2009, the Defendant concluded a contract to be supplied with 30,000 tons of the scrap metal and the scrap metal generated from F in fact to the victim M in the mutual inception of the trade name in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu around November 2, 2009.

100 million won of down payment shall be 1,550 won per 1 kg of non-ferrous- 2,00 tons.

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