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(영문) 서울남부지방법원 2017.12.07 2017고합265
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

C limited to D's scrap metal and other non-processed goods (excluding waste transformers) and was the representative of E's office from April 15, 2005 to April 13, 2009.

(E) On June 25, 2007, the FF Defendant was assigned to the representative director on the part of June 25, 2007, and was placed on December 1, 2014, on the ground that a designated interim waste treatment business license was not available to keep or transport waste transformers due to the lack of a license for the designated interim waste treatment business, and thus, it was not possible to supply waste transformers from the Korea Electric Power Corporation and thus, it was not possible to conclude a contract with the supply of waste transformers.

(F) The Defendant, who was the representative director of the F, was the head of the above C (hereinafter referred to as “F”), was using the network H (hereinafter referred to as “H”) and the office of the 4th floor C of the Seoul Mapo-gu KK building as the head of the above C, and conspired the victims to acquire the proceeds by deceiving the victims as if they could supply the closed pressure to the victims on the ground of the above C, and then, the Defendant took charge of the overall direction of the project; the Defendant took charge of the management of the head of the passbook and the funds; and the I took charge of counseling and concluding contracts against the companies, respectively.

1. Joint crimes with H and I;

A. On April 15, 2008, the Defendant against the victim L entered into a contract for the supply of waste transformers in the name of M with the victim L who is the representative of M at the fourth floor F Office of Mapo-gu Seoul Metropolitan Government Office on the fourth floor F Office, and would supply the victim “at least 1,000 tons of waste transformers for the main purpose supplied by the Korea Electric Power Corporation.”

If the advance payment of the price was made, it was false that the price will be supplied within 30 days.

However, there is no fact that E has received from the Korean Electric Power Corporation the waste voltage, and CBF has not entered into a contract with E in relation to the distribution of waste transformers, and also receives money from the damaged person as the down payment.

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