특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
[2016 Gohap 1347]
1. Fraud against victim C corporation;
A. On July 2014, the Defendant made a false statement that “E” at the point of “E” of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Yongsan-gu, Seoyang-gu, Busan-si (hereinafter “victim Co., Ltd.”), the Defendant, who is an employee of the Victim Co., Ltd., sold the golf products in the daily store to F, if he/she first supplies them.”
However, the defendant did not have any intention or ability to pay the price for the golf products even if he received the golf products in excess of his obligation without any specific property at the time, because he was willing to sell them and use them for repayment of other obligations.
Nevertheless, as above, the Defendant 1 received from F a false statement from F to November 2014, a golf ball 6,373, Dr. 125, A. 45, A. 78, A. 78, A. 7, B. 16, and a pool 2.
B. On September 2014, the Defendant stated that “The Defendant would collect a heavy golf product from a national E store and supply it first, and pay the price by selling it on the front page.”
However, as stated in the preceding paragraph, the Defendant thought that the sales proceeds will be used for the repayment of his/her personal obligation, and thus, even if he/she received the above-mentioned golf products, he/she did not have any intent or ability to
Nevertheless, at the above Japanese store store on the 29th day of the same month from F, Defendant 1 received from F a false statement to F, from F, 76, 170, 270, 51, 33, 33, 2, and 44 were supplied, ice ice ice, which is equivalent to the market value of the victim company owned by the Korean E store.
Accordingly, the defendant acquired golf products from the market value of the victim company.
[2017 Gohap 38] Defendant.