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(영문) 대전지방법원 2020.05.07 2019고단3356

사기등

Text

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

【The Defendant established a distribution company under the mutual name “E” around April 2012, along with B (a final and conclusive sentence of imprisonment with labor for up to six months), C (a final and conclusive sentence of imprisonment with labor for six months), and D (a final and conclusive sentence of imprisonment with labor for two years). Around April 2012, the Defendant ordered a large number of customers to place an order as if he would normally pay the price for the goods, and by deceiving the customers under the so-called “B” method of not paying the price or paying only a part of the price. C borrowed the name of “E” and opened the account necessary for the transaction of goods under the name of “E,” and managed the said account under the name of “E” and opened the said account under the name of “B” in order to recover loans to “B” and opened the business registration under the name of the said “E” in order to manage the goods under the name of the Defendant and the customer, and made it easy for the Defendant and the customer to acquire the said goods under the name of the said account.

1. Around May 20, 2012, the defrauded F made a false statement to the effect that “A” office located in G calls from the victim F who operates H to “E” and that “A” would pay the price in full if he/she calls for a e-mail.”

However, in fact, the defendant, B, and C agreed not to pay the price of the goods as above, and there was no intention or ability to pay the price of the goods to the victim due to no particular assets or profits.

B and C, as mentioned above, deceiving the victim as above and deceiving the victim as such, shall be equivalent to KRW 6,275,00 on June 7, 2012; equivalent to KRW 3,292,00 on June 13, 2012; equivalent to KRW 10,010,00 on June 26, 2012; and KRW 9,680,000 on June 28, 2012.