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(영문) 광주지방법원 순천지원 2017.12.21 2017고합64
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, each fraud against C and D shall be acquitted, respectively.

Reasons

Punishment of the crime

The defendant was aware of his knowledge around spring in 2009.

E With the proposal of the scrap metal business of the F of the Republic of Korea (hereinafter referred to as the "F") from E, a limited company G (hereinafter referred to as the "G") with the aim of the retail business of the second and second scrap steel scrap.

The above scrap metal business (hereinafter “the instant scrap metal business”) is a structure that creates profits by collecting and selling scrap metal from F with a business license to collect and sell scrap metal, such as waste cables discharged by G from H, I, etc.

In order to carry out the above business of collecting and selling scrap metal, the Defendant, who was employed as the Secretary General of F Headquarters, was required by J as the consideration for the business for the collection and sale of scrap metal, and the Defendant, who was required by G, to receive KRW 1 billion as the consideration for the business right for the collection and sale of scrap metal. Although K and L, who was the partner of G, paid KRW 1.1 billion to J from September 29, 2009 to October 14, 2009, the said scrap metal business right was not allowed.

On September 10, 2010, the Defendant made a false statement to the victim N at G office located in M and the first floor, stating, “A contract with F should be entered into, and personnel affairs should be conducted for those who assist in the past, and expenses should also be required to invest KRW 300 million.”

However, in fact, the defendant did not enter into a contract with F related to the scrap metal business, received an investment from the injured party to use it individually, and there was no intention or ability to repay the money to the injured party because of economic difficulties.

Nevertheless, the defendant deceivings the victim as above and acquired 300 million won from the victim to the new bank deposit account opened in the name of the defendant around September 10, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of K, L, or N;

1. The prosecutor's office and the police interrogation protocol against the accused.

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