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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2014 Highest 590] The defendant is a person who runs a business of selling used machinery and scrap metal inside after purchasing a closed factory.
1. On February 15, 2013, the Defendant against the victim C: “A victim C, who is a scrap metal business operator at the FF plant of the operation of the E located in Yangyang-si, Yangyang-si, is entitled to remove the 20 million unit of the building, such as H-sn beam, if a removal of a warehouse is made, then the Defendant would have the right to remove the 20 million unit of the building.” The above E by telephone, as the victim was the owner of the building and had the right to enter into a contract with the Defendant.
However, in fact, the above warehouse could not be removed because of the progress of auction, and it was already sold to G on December 30, 2012 at KRW 38.5 million, and there was no intention or ability to grant the right of removal.
As above, the Defendant conspired with E by deceiving the victim as the down payment from the victim, and received the total of KRW 10 million by receiving KRW 7 million, and KRW 3 million from E as shown in the crime sight table (1) from around that time to the 19th day of the same month as the victim’s contract deposit.
2. On September 20, 2012, the Defendant: (a) on September 20, 2012, the victim H, the Defendant: (b) made a false statement to the victim H that “if he/she borrowed KRW 10 million, he/she would have sold the machinery, he/she would have paid the 10 million to him/her before he/she left it,” while he/she received KRW 10 million from the victim for the same day as the loan; and (c) obtained it by defraud it from the victim; (d) from around that time to October 10 of the same year, the Defendant acquired KRW 30,000,000 from the victim for the same day; (e) provided that the 3-day date per annum 1108,000,000 won per annum, as stated in the correction ex officio on October 10, 2012, he/she received KRW 30,180,000,00,00.
3. On January 3, 2012, the Defendant against the victim I was the victim, who was a scrap metal company at the stone plant in the Gyeongbuk-gun, Gyeongdong-gun.