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(영문) 서울남부지방법원 2013.06.26 2012고단4681
사기
Text

Defendants shall be punished by imprisonment for six months.

However, this judgment shall be given to Defendant B for a period of two years from the date of confirmation of this judgment.

Reasons

Punishment of the crime

Defendant

A was sentenced to three years of imprisonment for fraud, etc. at the Seoul Northern District Court on December 2, 2008, and completed the enforcement of the sentence on May 25, 201, and the Defendants were entitled to receive money from the victim F, on the basis that the Defendant D, operated by the Defendant B, drafted a written agreement on the trading of scrap metal and scrap metal around October 5, 2010.

On July 201, 201, Defendants met the victim at the mutual infinite coffee shop located in the Jung-gu Seoul, Jung-gu, Seoul, but Defendant B decided to purchase the scrap metal and the scrap metal generated in the course of removing boiler from E in connection with the construction project replacing the central heating boiler of Dobong-gu, Seoul with the individual heating unit, and then Defendant A made a false statement to the victim that “I would sell the scrap metal and the scrap metal generated in the course of removing the boiler from E in relation to the construction project replacing the central heating boiler of Dobong-gu, Seoul with the individual heating unit, and would sell the scrap metal and the scrap metal within one month if the current operating fund is insufficient to invest in the amount of KRW 30 million.” Defendant A purchased the scrap metal and the scrap metal generated from the G apartment, and Defendant A would make a guarantee to the contract entered into with B, and would make a false statement to the victim that “B would have obtained a profit if sold the scrap metal.”

However, the above G apartment boiler removal work had no intention or ability to pay proceeds to the victim, since some G apartment residents opposed to the construction, filed a lawsuit from around December 2010, and the construction was discontinued at any time, and the removal work is not resumed. As such, the Defendants sold in the month of the removal work of G apartment boiler removal work and sold in the month of the removal work of G apartment boiler removal work and there was no intention or ability to pay proceeds to the victim. Defendant A did not have any revenue at the time, and Defendant A did not have an intention or ability to pay proceeds to the existing debtors even if they borrowed money from the victim.

Defendant

B receives KRW 30 million from the victim to the NongHyup account in the name of the defendant under the name of the Nong H on July 6, 2011, and the defendant A receives KRW 30 million from the victim.

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