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(영문) 청주지방법원 2016.01.28 2015고단2039
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 3, 2014, the Defendant entered into a contract with the victim AK, and the victim AM for the removal and dismantlement of the waste cable in the STX Heavy Industries and the above business site on November 7, 2014, and the Defendant would undertake removal work on November 7, 201.

If 100 million won is invested, the investment amount of KRW 100 million after the completion of the removal work shall be paid immediately, and after selling and selling the removed waste cable, it shall be paid KRW 500,000 per 1kg of the closed cable.

However, the Defendant did not directly enter into a contract with the STX Heavy Industries, and was planned to receive a contract from the NTX Heavy Industries, and did not include the contents of removal and disposal of waste electric wires equivalent to 30 tons under the above STX Heavy Industries’s contract for the sale and purchase of machinery equipment, so even if performing the contract, it is not clear that the Defendant could pay the above profits to the victim. The Defendant was planning to lend the amount equivalent to 50 million won out of the funds received from the victims to a person who is not directly related to the removal of the above Heavy Heavy Heavy Industries, but was unable to perform the above contract for the sale and purchase of machinery equipment of the above Heavy Industries because there was no other financial resources, and thus, there was no intention to pay the above investments and earnings to the victims.

On November 3, 2014, the Defendant: (a) by deceiving the victim as above; (b) delivered KRW 50 million to the new cooperation account (AO) in the name of N Co., Ltd. designated by the Defendant on November 3, 2014; and (c) KRW 50 million to the post office account (AP) in the name of the representative director of N Co., Ltd. designated by the Defendant on November 4, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with respect to AL and V;

1. Complaint, each written contract for trading, and

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