beta
(영문) 서울중앙지방법원 2013.05.03 2013고합80

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In relation to the supply contract of the computer system for broadcasting between KBS Korean Broadcasting Corporation (hereinafter “KBS”) and Gwangju Cultural Broadcasting Co., Ltd. (hereinafter “Seoul”), the Defendant had an intent to supply the computer system of approximately KRW 700 million for broadcasting to each of the above broadcasting stations, and did not have any intent or ability to pay the price to the victim for each of the above debt repayment, etc., and there was no intent or ability to pay the price for supply to the victim.

1. On August 30, 2010, the Defendant, at the C office, sent a phone call to D representative directors of the victim company, saying, “If you supply the entire computer system for broadcasting to the Gwangju metropolitan City, you would immediately pay the price for supply as soon as you would receive the payment from the Gwangju metropolitanBC.” On September 30, 2010, the Defendant had the victim deliver the computer system for broadcasting amounting to 286 million won at the market price to Gwangju metropolitan City.

2. Around September 2010, the Defendant sent a telephone to D, stating that “I would pay the price for supply immediately after receiving payment from KBS upon delivery of all the computer systems for broadcasting to the KBS Daegu, Busan, and Gwangju,” and that it had the victim deliver a computer system for broadcasting amounting to KRW 451,508,200 at the market price around October 29, 2010 to the KBS Daegu, Busan, and Gwangju Broadcasting Board.

Accordingly, the defendant deceivings the victim and acquired the computer system of 737,508,200 won for broadcasting.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of D produced by a public prosecutor;

1. Electronic tax invoices, specifications of electronic commerce, specifications of shipment of goods, and KBS contract amounts;