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Defendant
A's imprisonment with prison labor for each crime of the 2015 Highest 5841, 2016 Highest 25's decision, 8 months, and 2015 Highest 5225's decision.
Reasons
Punishment of the crime
On August 9, 2012, Defendant A and B (criminal record) were sentenced to imprisonment with prison labor for six months and one year of suspension of execution for fraud, etc. at the Incheon District Court on August 9, 2012, and the judgment was finalized on August 17, 2012, and on April 2, 2015, the Incheon District Court was sentenced to imprisonment with prison labor for six months and one year of suspension of execution for fraud, and is currently under the grace period, which became final and conclusive on April 10, 2015.
【Criminal Facts】
On September 5, 2012, the Defendants are those engaged in the scrap metal sales business. On the top of the victim F's operation in Seo-gu Incheon Metropolitan City, Defendant B made a false statement to the effect that "I building located in Yeongdeungpo-gu Seoul Metropolitan Government is being demolished and a new building is being built, the inside company acquired the right to remove directly from the executor, and the procedures for permission for removal and report on destruction have been completed, so that I would bring the scrap metal and scrap metal generated in the course of removal within five days at the face of money," and the Defendant A made a false statement to the effect that "I will pay in lieu of the removal work, if the removal work is not carried out."
However, in fact, the removal of the above I building is contracted to J from the executor, and it is subcontracted to K from J, thereby selling the scrap metal and the scrap metal arising from the removal site to L again to Defendant B, and Defendant B did not directly obtain the right to remove the building from the executor, and Defendant B did not obtain the right to remove the building directly from the executor, and even if receiving the purchase price from the victim, there was no intention or ability to transfer the scrap metal and the scrap metal within five days.
Nevertheless, the Defendants: (a) deceiving the victim as such; and (b) transferred 78 million won from the victim’s seat to the Defendant’s account in the name of Defendant B as the purchase price for scrap metal and non-reinte sales.