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(영문) 대전지방법원 공주지원 2014.07.30 2013고합40

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On September 2007, in the office of the Defendant’s management Co., Ltd. (hereinafter “E”) located in the Gangnam-gu Seoul DD Building No. 1424 in Gangnam-gu (hereinafter “E”), the Defendant made a false statement to the victim F that “I would enjoy a considerable benefit if I import from the company of this Switzerland, G, and sell home shopping. In order to import, I would deposit KRW 300 million in the case of the exporting company, and that I would immediately enter the goods upon deposit. I would lend KRW 300 million in the case of deposit. I would like to deposit KRW 30 million in the amount of deposit, import goods, sell the goods through home shopping, and complete payment of all the money that has not been repaid during that period.”

However, in fact, since it was not necessary to deposit the deposit money from the import of G products in the ice case, even if the victim borrowed KRW 300 million from the victim, the victim did not have the intent or ability to receive the return after the deposit.

Nevertheless, on September 17, 2007, the Defendant, by deceiving the victim as above, received KRW 100 million in total from the same account on September 18, 2007 with a new bank account (Account Number I) in the name of H designated by the Defendant, and received KRW 300 million in total from the same account on September 18, 2007.

2. Around May 16, 2008, the Defendant agreed to transfer ownership of the goods equivalent to approximately KRW 800 million to the victim in order to secure the performance of the obligation equivalent to KRW 1.1 billion against the victim, in lieu of the proceeds from sale. Around December 16, 2008, the Defendant transferred KRW 13,500,000, which is an element removal scheme, by possession and amendment. Around December 18, 2008, the Defendant concluded a sales agency agreement with the victim and the said J.

According to the above agreement, the Defendant sold the above “J” through crym shopping, etc. from the early March 2009 to July 2009, and deducted the sales revenue of KRW 493,121,640 from the total sales revenue of KRW 259,363,58.