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(영문) 울산지방법원 2018.04.26 2017고단3190
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

Reasons

Punishment of the crime

Defendant

A is the head of the D Branch, Defendant B was the head of the above branch, Defendant B was the person who was the head of the above branch, and Defendant A was sentenced to a stay of execution for six months at the Ulsan District Court on February 13, 2014, and the above judgment became final and conclusive on the 21th of the same month, and Defendant B was sentenced to a stay of execution for eight months on September 28, 2012 due to a violation of road traffic laws (driving) at the Ulsan District Court on September 28, 2012, and the above judgment became final and conclusive on October 6 of the same year.

1. The Defendants’ joint crime began in collusion with the Defendants at the office of the branch office of the Association, an incorporated association in Ulsan E around December 201, and the Defendants began to handle scrap scrap generated in the high-powered nuclear power plant, the Korea hydroelectric Power Plant Co., Ltd., in December 201, to the victim F (hereinafter “D branch office around December 2012”).

If you register a company run by the party as a sponsor of the D branch, and pay a deposit of KRW 50 million, it shall delegate profit-making business related to the scrap metal and the deposit shall be refunded three times after the commencement of the business.

However, in fact, the headquarters of the High Power Atomic Energy Co., Ltd. concluded a contract for the treatment of scrap metal generated prior to around October 201 by entering into a contract for the treatment of scrap metal with G and non-processed goods, and concluded a contract with D Branch, an incorporated association, for the treatment of scrap metal generated from the above nuclear power plant after the sale to the above Association, and did not reach any agreement. Therefore, even if the Defendants received money from the injured party, they did not have the intent or ability to take charge of profit-making business related to scrap metal.

Nevertheless, the Defendants conspired to induce the victim and acquired money from the victim to the Agricultural Cooperative Account in the name of D branch on December 29, 201, by transfer of KRW 50 million from the victim to the Agricultural Cooperative Account in the name of D branch.

2. The sole criminal conduct of Defendant A;

A. On October 201, the Defendant committed the crime at around 201.10, the Defendant used the Victim F to K at a mutually influorous restaurant located in Ulsan M, and the Company J in Ulsan I’s Co., Ltd.

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