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(영문) 서울중앙지방법원 2013.11.11 2013고단5727

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was a person who was an employee of the company selling C's bags, wall labels, and arches, and supplied goods to C.

1. On June 20, 2012, the Defendant stated that “The Defendant deposited KRW 9 million into an individual account within the high-income bracket due to the outstanding amount” to the victim.

However, the defendant had no intention or ability to deliver the above amount to the above C from the beginning.

As such, the Defendant, by deceiving the victim as such, shall bring the victim into deception, and shall have the victim KRW 2 million from the victim on July 25, 2012, and the same year.

8.8.2 million won, and the same year;

8. 20.1 million won, and the same year.

9. 290,000 won and a total of 6 million won shall be deposited in the Defendant’s corporate bank account (Account Number: E) and, instead, shall be consumed to the company for personal purposes and acquired by deceptioning 2.8 million won among them for personal purposes;

2. On September 12, 2012, the Defendant: (a) called “the victim by telephone at an insular place; and (b) by taking advantage of the circumstances in which the victim was living in the inventory time, the victim said that “it would be exchanged with a new product only if it became known, but it would be exchanged with a new product; and (c) around 21:

However, the defendant had no intention or ability to exchange goods with new goods from the beginning.

As such, the Defendant, by deceiving the victim as such, obtained a variety of glusities equivalent to KRW 7,773,00,000, such as mountain clothes, etc. from the victim on the same day and acquired them by deception;

3. On October 12, 2012, the Defendant called the victim by phone, and told the victim to supply the amount equivalent to KRW 10 million for exchange of goods and new products, with the following purport: “I will know about how the cash would be in cash, how internal office is in charge of managing and supervising all the goods in the company, and will know about it as much as the goods that will not be in the company and to exchange with the company, at least 50 square meters.”

However, the defendant had no intention or ability to supply the exchange of goods and the amount equivalent to KRW 10 million from the beginning.

The Defendant is the victim.