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(영문) 대구지방법원 2019.01.10 2018고단1872
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On October 9, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and completed the enforcement of the sentence at the Busan District Court on November 19, 2013. On May 19, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, which became final and conclusive on May 27, 2016.

【Criminal Facts】

From April 2007 to October 2010, the Defendant operated a company that distributes scrap metal and construction materials with the trade name “C” in Busan Landong-gu, Busan. From April 2006 to December 2008, the Defendant offered D a total of KRW 418 million as the price for scrap metal, but failed to receive a proper scrap metal promised from D. The Defendant paid approximately KRW 1.7 billion to E and F from January 2008 to October 2008, but did not receive scrap metal. From November 2008, it was not confirmed that D, etc. actually with raw materials equivalent to KRW 20 million, such as scrap metal.

In addition, the defendant's operation did not engage in any business other than the transaction related to D's scrap metal, and it was a situation in which purchase and sales from around 2007 were almost little.

Nevertheless, from around September 18, 2008 to around September 2009, the Defendant: “C” located in Songpa-gu Seoul Seoul Seoul Office (hereinafter “C”) means that “D, in the form of a closed metal worth worth KRW 200,000,000, has been donated to the Defendant’s post office (J) account in the name of the Defendant in the name of the Defendant for loans used as the expense for the scrap metal business from around September 18, 2009 and has been kept in the warehouse as compensation for approximately KRW 20,000,000, and the Defendant owns KRW 30% of the scrap metal at the inside of the warehouse.” On the other hand, D would sell the scrap metal at the discharge, sell it and compensate for several times the warehouse storage charges and business expenses so far. Accordingly, the Defendant believed to receive KRW 1,00,000 from the Defendant for the purpose of funds borrowed from the Defendant’s expense for the scrap metal business around September 18, 2009, as indicated in attached Table 14.

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