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(영문) 서울남부지방법원 2017.04.13 2015고단5242

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be liable to the applicant B for the damage KRW 20 million and the applicant C for the damage.

Reasons

Punishment of the crime

Defendant and I are the persons who actually operate (State) J Department and K (State) K to manufacture and sell (State) water pressure automatic water-saving devices using both the parts of the human body and the parts of the body.

1. On December 26, 2012, at the J Office of Guro-gu Seoul Metropolitan City L Building M (State), the Defendant and I recruited a Korean total sales and agency that can exclusively obtain a patent related to automatic water saving device, and conducted business operations in total sales and agency amounting to KRW 20 million and KRW 2 million. At the time of termination of the contract, the Defendant and I would return deposit amounting to KRW 15 million and KRW 1.5 million within six months after the termination of the contract. In order to promote sales, the Defendant and I would like to advertise TV and newspapers more than 60 times and create conditions under which products can be sold as sirens or parts.

However, the fact is that (State) the J has the amount of capital of KRW 10 million, and (State) K has been a plan to provide funds for the operation of the company even if it receives deposits from the injured party due to the situation where it is difficult to secure funds for the operation of the company as much more than the amount of loss compared to the amount of the capital of KRW 1 million, or not only have the intent or ability to return the deposits to the injured party within six months at the time of termination of the contract, but also has also been used as funds for the operation of the company.

As such, the Defendant and I received KRW 500,000 as an agency contract deposit from the victim who deceiving the victim on December 26, 2012, and received KRW 160,000 from the victim on January 14, 2013 to the account under the name of J on January 14, 2013, and received KRW 150,000 from the victims on April 25, 2013, both as shown in the list of crimes in the attached Table from the above date to the date of April 25, 2013, the Defendant and I received deposits in total of KRW 116,00,000 from the victims on 13 occasions under the name of the J or the agency deposit.

Accordingly, the defendant and I conspired to induce victims.