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(영문) 대구지방법원 김천지원 2016.06.09 2015고단1452
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. in the Changwon District Court Msan Branch on September 11, 2013, and the said judgment became final and conclusive on August 22, 2014.

1. Fraud;

A. On February 19, 2010, the Defendant entered into a contract with the victim via E in the victim D’s residence located in the window C of Changwon-si, Changwon-si, in order to obtain deposit amounting to KRW 10 million from F to the victim if the victim would be supplied with scrap metal from the said company.

“A false statement” was made.

However, in fact, the Defendant received money from the injured party and was thought to consume it for personal purposes, and F Co., Ltd. had no intention or ability to conclude a contract for the supply of scrap metal as agreed, because the amount of scrap metal generated is about seven tons each month and has already supplied it to other companies.

On the same day, the defendant acquired 10 million won as a security deposit from the damaged person E through E.

B. On February 11, 2011, the Defendant entered into a contract with the victim via E to supply scrap metal of KRW 50,000,000,000,000 from the above company, to the victim, on the part of the victim’s residence, through “The occurrence of scrap metal of KRW 250,000 per month from polytech Co., Ltd.”

Since the person in charge of the scrap metal in polytech Co., Ltd. is double a part of G, the contract may be concluded.

“A false statement” was made.

However, in fact, the Defendant received money from the complainant and was thought to consume it as an individual name, and the amount of scrap metal generated in Polch Co., Ltd. was about 120 tons each month and had already supplied scrap metal to other companies, and the above G was not an employee of Poltech Co., Ltd., and thus, there was no intention or ability to conclude a scrap metal supply contract as agreed.

The defendant acquired 64 million won from the damaged person as a security deposit through E on February 11, 201.

2. As to the Defendant of a private document, paragraph 1.

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