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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 2010, the Defendant: (a) was delegated with the duties related to D’s artificial engineering works, a ship D intended to take over, from E, who had been in the office of Busan branch of D (hereinafter “D”) located in Busan Shipping Daegu (hereinafter “D”); and (b) was delegated with the duties related to D’s artificial engineering works.
1. On April 7, 2010, the Defendant’s sole criminal defendant stated that “A victim G engaged in the scrap metal collection business is entitled to collect KRW 10 million from the F’s remodeling work on the face of a week,” at the rest room in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, that “A victim G engaged in the scrap metal collection business shall have the right to collect KRW 200,000,000 from the repair work of F.
However, the facts are that the Defendant was delegated by E with the work related to F’s interior work, and there is no authority to delegate the work related to F’s right to collect scrap metal arising from the removal work. Moreover, F’s right to collect scrap metal has already been provided to other companies, so the Defendant did not have any intention or ability to grant F’s right to collect scrap metal even if receiving money from the victim.
The Defendant, by deceiving the victim as above, received 10 million won from the victim to the post office account in the name of H, a punishment of the Defendant, as activity expenses, from the victim, and acquired it by fraud.
2. On May 18, 2010, the Defendant, along with E, told the victim G at the coffee shop of the J hotel located in Yeongdeungpo-gu Seoul Metropolitan Government, that “The Defendant changed the victim’s right to dispose of 200 tons of scrap metal generated from the F remodeling work to KRW 30 million.”
However, at that time, D had already provided another business with the right to collect scrap metal for F. Therefore, even if the Defendant and E received money from the victim, the Defendant did not have the intent or ability to grant F the right to collect scrap metal.
The defendant, in collusion with E, deceives the victim, and is in the seat of the victim.