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(영문) 대전지방법원 천안지원 2013.09.06 2013고단941
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On May 14, 2012, the Defendant was sentenced to a summary order of KRW 3 million as a crime of fraud in the Daejeon District Court's Incheon District Court's Branch on May 14, 2012, and seven persons with the records of the same fraud.

The Defendant, while operating the “D”, which is a removal specialized company in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, intended to acquire money under the pretext of gaining money by approaching the victim F who carries on the business of handling scrap metal in the name of “E” and giving the scrap metal generated from the removal work.

1. On February 3, 2012, the Defendant made a false statement to the effect that “The Defendant would supply the victim with scrap metal of 2.50 tons from February 20, 2012 to March 30, 2012, ton KRW 3.80,000 per ton from February 20, 2012 to March 30, 2012.”

However, there was no intention or ability to supply scrap metal even if the defendant received money from the victim because the defendant did not have ordered the removal of mechanical underground parking lots in Gangnam-gu.

As such, the Defendant, by deceiving the victim, received 30,000,000 won from the Saemaul Treasury Account (H) in the name of the defendant for the same day as the down payment from the victim and acquired it by transfer.

2. On February 20, 2012, the Defendant made a false statement to the effect that “On February 20, 2012, the Defendant would supply 3.80,000 won per ton of scrap metal from March 15, 2012 to April 30, 2012, from the beginning of the Busan Metropolitan City, the Defendant would be entitled to remove the mechanical underground parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government I, and the Defendant would be supplied with scrap metal of 120 tons emitted from the site.”

However, since the defendant did not have ordered the removal of mechanical underground parking lots in Yeongdeungpo-gu Seoul Metropolitan Government, there was no intention or ability to supply scrap metal even if it was received money from the victim.

The defendant deceivings the victim to do so.

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