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(영문) 수원지방법원 2016.01.20 2014고단2326
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On September 20, 201, the Defendant was sentenced to a suspended sentence of two years on September 28, 201, to a one-year period of imprisonment for fraud in the support for the development of the methods of water sources, which became final and conclusive on September 28, 201.

1. On May 11, 201, the Defendant, at the H Co., Ltd. office of the Defendant’s management, located in the G building 33 202 Dong-gu, G building 33 and 202 during Ansan-si, the Victim E, introduced through I, is expected to undertake the F History Removal Construction Work in Gangnam-gu Seoul, Seoul. It is anticipated that a scrap metal worth KRW 600,000,000 will occur at the construction site.

It is intended to sell scrap metal generated at the construction site at the site at the beginning of the week in which KRW 600 million is first paid.

In addition, if the scrap metal sold after fixing 400 won per 1km does not reach 600 million won, the difference will be refunded without a cash mold.

“The instant sales contract was concluded with the victim with the statement to the effect that the said contract was concluded.”

However, there was a situation where it is difficult to generate scrap metal above KRW 4-50 million at the construction site of F-F-style house with no particular equity capital, and the Defendant borrowed money from another person or received the aforementioned form of advance payment, and operated H-style Stock Company with no particular equity capital, and the Defendant also purchased and exported machinery and scrap metal from Osung Co., Ltd., which borrowed approximately KRW 1.90 million and carried out an export business, but has a liability of approximately KRW 1.1 billion at the wind failure. Accordingly, even if the purchase price is paid in full from the injured party, there was no intention or ability to supply scrap metal equivalent to KRW 60 million, or to pay the difference to the injured party.

The Defendant, as such, by deceiving the victim and receiving a delivery of a total of KRW 600 million from the victim on May 11, 201, and KRW 50 million on May 13, 201, and KRW 250 million from the victim on May 13, 201, supplied the victim with KRW 350,000,000 to the victim, and by failing to return it to the victim, the Defendant acquired pecuniary benefits equivalent to the said amount.

2. Frauds relating to the GGK.

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