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(영문) 서울동부지방법원 2013.09.11 2012고단1296

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

around April 3, 2009, the Defendant established and substantially operated the digital storage device sales business chain C in Yongsan-gu Seoul Metropolitan Government.

At the same time, the Defendant concurrently held the office of director of E, a company specializing in digital storage devices, purchased digital storage devices from E in order to show the Defendant’s sales performance to E, and again sold the same at a low price of 10-15% of the purchase price. From December 2, 2009 to April 30, 2010, the amount of KRW 110,000 out of the funds of D Co., Ltd. continued to have been used for entertainment expenses and purchase cost of non-data, etc., and even if the goods are supplied by the customer, the goods were sold and the goods were returned to other clients, etc. for repayment of the existing debt.

1. On April 30, 2010, the Defendant: (a) around April 30, 2010, at the foregoing D office; (b) at the time, at the financial institution was liable for approximately KRW 78,00,000,000 to the customer; and (c) even if the Defendant continued to be provided with the digital storage device from the victim Epik Co., Ltd. with the loss of business, he/she provided the victim with the intent or ability to pay the payment normally; and (d) fraudulently, he/she acquired the digital storage device from the victim by receiving the digital storage device equivalent to KRW 81,96,000 at the market price around July 31, 2010 from the victim, without the victim’s intent or ability to pay the payment normally.

2. The Defendant, from April 2009 to August 2010, as the head of E’s division, sold the digital storage device at a low price to the victim Icoco Co., Ltd., thereby having been supplied with goods to the victim and commercialized them with a trust relationship with the victim and used them for the repayment of existing obligations, etc.

On September 2, 2010, the Defendant was at the victim's office located in Yongsan-gu Seoul, Yongsan-gu.