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(영문) 인천지방법원 2017.01.11 2016고단4889
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 8, 2011, the Seoul High Court sentenced two months of imprisonment, four months of imprisonment, and one year and six months of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc., and sentenced the parole on June 28, 2013, and imposed the parole period on August 22, 2013. On August 21, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor at the Seoul Northern District Court for fraud, and the judgment was finalized on August 29, 2014.

On April 22, 2014, the Defendant ordered the Victim CW to “AU-S-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaU-SaSa

In the Republic of Korea, scrap metal and rain metal are purchased from AX and monopolyed.

Among them, the phrase “the 100 million won per the whole reduction of non-ferrouss” was false.

However, the Defendant entered into a purchase contract with the AX on March 11, 2014, such as scrap iron and rain iron, but the AUX did not normally secure the scrap iron for the freezing warehouse in the AU market, and the Defendant paid the down payment of KRW 280 million to BA on March 19, 2014, which had the said BA pay the intermediate payment of KRW 280 million to the AX, while having the said BA pay the intermediate payment of KRW 280 million to the said BA, all rights related to the scrap iron and rain iron in the freezing warehouse in the AU market exist to BA prior to repayment of KRW 280 million to the said BA.

Inasmuch as the Defendant was not able to repay KRW 280 million to BA, the Defendant did not have the intent or ability to voluntarily give the victim the non-performance of the non-performance from the freezing warehouse.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 100 million to the bank account (Z) in the name of the CY.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness BA;

1. Statement of CW in the suspect interrogation protocol against the defendant or DA by the prosecution;

1. Statement made by the police in relation to CW;

1. The police of the defendant.

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