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(영문) 의정부지방법원 고양지원 2014.08.28 2014고합55

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From May 2010, the Defendant: (a) supplied (cash transfer transactions) products, such as computers, Nowon-gu, Goyang-gu; and (b) sold (cash transfer transactions) products from the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.); (c) had been engaged in credit transactions with the victim company since April 2012; and (d) had been engaged in credit transactions with the victim company from around April 2012; (b) had the F Co., Ltd. fabricated the unpaid amount of accounts in the monthly transactions prior to the online open market; and (c) transferred the unpaid amount of accounts to the victim company; and (d) had the victim receive goods from the victim company as security.

On September 4, 2012, the Defendant: (a) adjusted the number of “subject to the dispatch/settlement” column in August 2012 from “181,183,500” to “197,598,640,” and (b) transferred the amount of unpaid settlement to the victim company as collateral, by having G, who is an employee of the F office of the F company, use the World Trade Organization, which is a computer program; and (c) transferred the amount of unpaid settlement to “192,796,414, as if there were claims equivalent to the amount of unpaid settlement.”

As such, the Defendant, by deceiving the victim company, received goods equivalent to KRW 37,701,61,613, which is the credit amount of KRW 37,118,56, which is an amount equivalent to KRW 3,416,953, a total of 11 times as stated in the list of crimes in the attached Table, and acquired property profits equivalent to KRW 577,443,464, which is the difference, from the victim company.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal statement of the witness H;

1. Part of the statement made by I and J among the police interrogation protocol Nos. 2 and 3 to the defendant

1. An investigation report (to make a statement of a witness).