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(영문) 의정부지방법원 고양지원 2016.05.27 2015고단3307
사기
Text

Defendants shall be punished by imprisonment for one year.

However, each punishment against the Defendants for two years from the date of the final judgment of this case.

Reasons

Punishment of the crime

Defendants were engaged in the collection of waste resources, scrap metal, and non-ferrous wholesale and retail business with the trade name of C.

parties:

1. On November 5, 2012, the Defendants collected scrap metals from the G new construction site of the G apartment to be constructed by the Samsung T&T Co., Ltd. in the Yongsan-gu Office D located in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City on November 5, 2012. The Defendants collected scrap metals from the G apartment construction site to be constructed by the Samsung T&T Co., Ltd., Ltd., on the one-year basis,

Since there is no funds to conclude a re-processing contract in another place to do work, 100 million won will be repaid after one year without a mold and 30% interest per annum shall be paid.

‘Falsely false.'

However, in fact, the Defendants were in the absence of any purchase of scrap metal at all and from February 2012, and the Defendants were urged to repay the above amount from 6-7 billion won to 2012. As such, even if they borrowed the above amount, they could not have earned scrap metal at the above construction site and only have to repay to the existing creditors, and there was no intention or ability to repay the amount as agreed upon even if they borrowed KRW 100 million from the injured party.

Nevertheless, the Defendants conspired to deception the victim as above, and acquired 10 million won on the same day as the passbook in the name of the company bank in the name of the Defendant, and 90 million won on January 6, 2012 from the victim to the third party.

2. On January 29, 2013, the Defendants borrowed 40 million won and paid 30% interest per annum after one year without a mold to the victim E in the place described in the foregoing paragraph (1).

‘Falsely false.'

However, in fact, the Defendants were in the absence of any purchase of scrap metal at all on February 2012, and the Defendants were urged to pay 6-7 billion won from 2010 to 2012 and borrowed the above money as above.

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