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(영문) 대구지방법원 포항지원 2012.12.27 2011고단2096
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

D is the representative director of the E and the defendant are the advisers of (State) E.

On October 11, 2010, the Defendant and D concluded a contract with the said victim on the supply of waste materials (defluences) with the said victim on October 11, 2010, stating that “The Ministry of National Defense (Ministry of National Defense) has accumulated the waste pressure period in an I factory located in the steel source of Gangwon-do, but the Ministry of National Defense has concluded a contract for the supply of waste pressure period from 7,000t to 13,000t at the 7,000t to the 100 million won per week.”

However, even if the defendant and D received KRW 100 million from the victim, they did not have the intent or ability to supply the victim with the pulmonary pressure from 7,000t to 13,000t for a year.

Nevertheless, Defendant and D, as seen above, had been delivered KRW 100 million to Defendant and D from the victim during October 2010.

Accordingly, the defendant, in collusion with D, deceiving the above H, and acquired 100 million won from the victim.

Summary of Evidence

1. Each legal statement of the witness H, J, K, and L;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. A contract for a goodwill agreement;

1. Application of a contract for the supply of waste materials, and of a receipt statute;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act (Defendant A) has reached KRW 100 million, and the damage has not been recovered until now.

However, the degree of the defendant's participation in the crime is relatively weak.

In addition, the defendant is a Vietnam War soldier who has rendered distinguished services to the State, and there is no previous conviction except a fine of one million won for a violation of the Road Traffic Act in 195.

In addition to this point, punishment shall be determined in consideration of various circumstances that are conditions for sentencing.

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