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(영문) 수원지방법원 2017.07.05 2017고단2558

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud;

A. On May 21, 2014, the Defendant made a false statement to the effect that Q, the representative director of the said company, would allow Q to deliver the P products to R in the nation through F, and if so, would have to advertise to R in the Republic of Korea. Accordingly, the Defendant would first pay advertising fees, and then refund advertising fees one month after concluding a supply contract.

However, there was no fact that the Defendant was delegated by F with the authority to conclude a supply contract, and there was no intention or ability to conclude a supply contract, and the Defendant was a plan to use the money received from the victim company for the cost of living, not for advertising.

Nevertheless, the Defendant made such a false statement to the victim company, i.e., transferred KRW 2,800,000 from the victim company to the NAC account in the name of S. as advertising expenses.

B. On January 26, 2015, the Defendant made a false statement to the effect that Q would provide money to the said Q as a security deposit to enter into a joint purchase business contract at the same place.

However, the defendant did not have the intent or ability to enter into the above joint purchase business contract, and was a plan to use the money received from the victim company for the cost of living, not for the performance deposit.

Nevertheless, the Defendant made a false statement to the victim and received 3,660,000 won from the victim company as the performance deposit from the victim company, i.e., the Defendant transferred 3,60,000 won from the victim company

2. On January 26, 2015, the Defendant forged a private document: (a) entered the U.S. office located in Seoul, by means of a computer, into “36000” and “F’s deposit money for joint purchase performance S” in the content column; (b) printed out it; and (c) affixed the seal of the non-merchants on the side of the column indicated as “V” by the representative director of the F.

The defendant shall be entitled to exercise his authority.