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(영문) 서울남부지방법원 2015.06.18 2014고단1343

사기

Text

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

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

Reasons

Criminal facts

[Criminal Power] On April 19, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act by the Seoul Southern District Court on the 27th of the same month.

【Criminal Facts】

Around October 208, the Defendant was a person who operated home shopping sales business in the course of operating A, and around October 2008, the Defendant entered into a consignment contract with the representative F of E Co., Ltd. to sell the said electrical sets through Home shopping. Meanwhile, the Victim G, who entered into a consignment contract with F Co., Ltd. for the said electrical sets and supplied the said goods to F, issued the performance guarantee insurance policy of 300 million won of the guaranteed insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to Hyundai Home Shopping, which is actually in charge of broadcasting sales, according to the consignment contract through the said home shopping.

From October 208 to December 12, 2008, the Defendant sold electric sets supplied by the victim to F via Hyundai Home shopping. On November 2008, the problems of the said electric sets were pointed out through public wave broadcasting. On March 2009, Hyundai Home Shopping notified the Defendant, the victim, and the F that it is preparing for the defect compensation claim and demanded the Defendant to provide a security for the defect compensation amount.

On the other hand, when the victim pays insurance money from the Seoul Guarantee Insurance Co., Ltd. based on the provision of the guaranteed insurance policy as above, the victim must pay the indemnity amount to the Seoul Guarantee Insurance Co., Ltd., and the victim raised an objection to the payment of the insurance money from the Seoul Guarantee Insurance Co., Ltd. on the ground that the defect of the above electrical set was caused by the raw materials supplied by the F, and was not included in the manufacturing process, and that the defendant who should maintain a good relationship with the Hyundai Home shopping, decided to persuade the victim so that the insurance company can agree

Accordingly, the defendant around January 25, 2010.

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