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(영문) 울산지방법원 2014.06.12 2014고단561
사기
Text

Defendants shall be punished by imprisonment for up to eight months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B From the beginning of January 2010, “C” is a person engaged in the removal of the trade name and the sales business of scrap metal, and Defendant A is a person who retired from the beginning of early 2010 to January 2013, and is a person who worked as a director of (State)D established for the purpose of housing development from January 2014.

1. The Defendant stated, around December 30, 2012, that, at the G office operated by the Victim F (Namnam and 60 years of age) located in Ulsan-gu E, Ulsan-gu, Defendant A, through Defendant A, that “The Defendant would give first priority to providing the victim with electric wires and electric board equivalent to approximately KRW 200 million from the said construction site until February 23, 2013, if 200 million is the advance to perform interior removal works to an I factory located in the Gyeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul-do.”

However, even if the defendant receives advance payments from the victim, the defendant did not have the intention or ability to provide the electric wires and electric teams promised to do so.

The Defendant was transferred from the victim to the Agricultural Cooperative deposit account in the name of the Defendant for the deposit account in the name of the Defendant, as KRW 45 million on January 9, 2013, KRW 30 million on January 18, 2013, KRW 10 million on January 23, 2013, and KRW 10 million on January 23, 2013, and was issued one cashier’s checks through A under the same name from the mutual infinite office located in Ulsan-do, Ulsan-do around January 28, 2013.

Accordingly, the defendant was given a total of KRW 185 million by deceiving the victim.

2. On March 25, 2013, Defendant A made a false statement to the victim at the above G office stating, “If the victim received K’s equipment and building removal construction cost from the (ju) L who was auctioned at J, 1.20 million won, and if 100 million won is paid in advance, Defendant A would offer 700 tons of scrap metal equivalent to 200 million won at the market price from the removal construction.”

However, since the funds owned by the defendant are only 100 million won, the defendant did not have the ability to pay 1.2 billion won for the above removal work, so there was no intention or ability to provide the scrap metal promised even if he received advance payment from the victim.

The defendant.

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