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(영문) 수원지방법원 평택지원 2013.11.21 2013고단1354
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 2012, the Defendant invested KRW 30 million in advance to Police Officers D and received KRW 100 tons of scrap metal from E at the time of the removal of the Friart located in Namyang-si. However, there was a dispute between several scrap metal companies due to double contracts, etc. regarding the authority to dispose of scrap metal at the said removal site, and (i) among scrap metal companies, the situation where (ii) scrap metal companies prevent the removal of scrap metal at the said removal site occurs, and (iii) the Defendant supplied the said scrap metal to compensate for the said advance investment, and attempted to acquire money from the victim.

On July 31, 2012, the Defendant concluded a false statement that “The Defendant will return KRW 30 million to the victim from July 31, 2012, if the Defendant did not deliver scrap metal to the victim from the time of delivery to July 31, 2012, from the time of delivery to July 31, 2012, of KRW 10,000 to the victim from the time of the removal of the Friet located in E in Nam-si, Namyang-si, the Defendant would return the said KRW 30 million to the victim from July 31, 2012.”

However, since the above dispute at the time of the above Friart removal site, the defendant could not deliver the above scrap metal to the victim from July 17, 2012 to July 31, 2012, and there was no intention or ability to return the above KRW 30 million to the victim by using the above KRW 30 million in repayment of the defendant's personal debt immediately until July 31, 2012.

The defendant received 30 million won from the victim to the female-friendly K's single bank account in the seat of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement I in the second protocol of examination of the suspect against the accused in the prosecution;

1. Statement I in the second protocol of suspect examination of the accused against the accused;

1. Statement by the prosecution concerning L;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on borrowing or remittance receipts;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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