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(영문) 대구지방법원 포항지원 2013.11.13 2013고단686
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From around 2005 to 2012, the Defendant: (a) was a person who operated a scrap metal dealer in the name of “D” in Nam-gu, Nam-gu; and (b) had been engaged in transactions by purchasing scrap metal from the factory of the OCI Co., Ltd. (hereinafter “OCI”) prior to this date in around 2005, which had been operated by the father of the Defendant; and (c) selling it to other goods companies at the port of port.

From the second half of 2011, the Defendant increased the Defendant’s funeral expenses, mother’s housing repair expenses, and other living expenses. However, since the transaction with the OCI, which was the principal hospital of the Defendant, has been significantly reduced into the tension management policy of OCI, the Defendant was in a situation where the Defendant received warning and received compensation for delay since January 201.

Nevertheless, the Defendant, in a situation where the OCI’s plan for the replacement of equipment has not been finalized, had the intention to pay money on the ground of the name such as advance payment for the purchase of scrap metal from the will of the land, etc., on the ground that the status of the funds will be good when the transaction has come into existence.

1. On December 201, 201, the criminal defendant against the victim E stated that “When he/she lends 13 million won to an OCI employee, he/she would allow the victim to trade half of the scrap metal coming from OCI from January 2013 to the victim E’s office located in Nam-gu, Nam-gu, Nam-gu.”

However, the fact was not yet confirmed at the time of the resumption of investment in facilities of the OCI, and the aggravation of the financial situation of the defendant has deepened so that it can be continuously supplied with scrap metal from OCI.

The Defendant, as above, deceiving the victim, and affiliated with the victim, was borrowed from the victim for the payment of the value of OCI workers around that time.

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