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(영문) 부산지방법원 2014.04.11 2013고단5903
사기등
Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, and for a period of three years, respectively.

Reasons

Punishment of the crime

Defendants are siblings who operate the “F” established for the purpose of export and wholesale retail of scrap metal in Busan-gun E.

1. On August 29, 2012, the Defendants entered into a contract with the victim G, Germany, under which the scrap scrap, which is a kind of scrap, is supplied at a relatively lower level than the market price. On October 26, 2012, the Defendants concluded a contract with 120 tons (EUR 141,600 - approximately KRW 200,000, KRW 200,000, KRW 300,000, and KRW 10,00 of container) for the supply to the victim.

However, the Defendants, who are employees of H and I, loaded only 15-20% of lux scrap 15-20% (3.5 tons of lux 9 lux , 3.5 tons of lux 9) for the purpose of photographing a photograph in the container box to be exported by H and I. The remaining space of the container was intended to export the container to the Netherlands luxa, and there was no intention or ability to supply the victim with the lux scrap as a content of the contract.

In collusion, the Defendants: (a) received money from the victim on October 12, 2012 under the pretext of 9,461.00 EUR (Korean Won 13,245,000) from the victim to the F legal account on October 12, 2012; and (b) received money from the victim on six occasions in total from November 26, 2012, as shown in the list of crimes in attached Table 201,145.4EU (Korean Won 281,603,616 won).

2. Defendant A, while managing the aforesaid F:

A. On January 1, 2012, when filing a return of value-added tax on February 2011 from the Suwon Tax Office located in the YY-dong, Busan Metropolitan City on January 1, 2012, the J’s resident registration number (J’s resident registration number), which was known in an irregular manner as to the documents regarding waste resources and used cars, is written, and the J’s resident registration number is illegally used by submitting the above documents;

B. On July 1, 2012, the waste resources and waste resources are recycled when filing a value-added tax return for the first year of 2012 in the above veterinary affairs book.

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