beta
(영문) 수원지방법원 성남지원 2015.07.08 2014고단2207 (1)

사기

Text

The accused dismissed an application for compensation order against the accused by the applicant for compensation.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, along with D, E, F (Ga name G), H (Ga name), and I, established the so-called “J” company under the name of D, and subsequently, (b) sold the pertinent goods at prices lower than their market price, and (c) sold the following goods at prices lower than their market price; (d) E, the Defendant, along with F, H, and I, planned to act as the representative director of the corporation, and the Defendant, together with F, H, and I, to sell the goods in physical and supplied to suppliers via the Internet, etc.

Around November 17, 2009, the Defendant and D, and D, together with F, H, and I, made a false statement to the effect that the Defendant and D, and D, sent a phone call to the victim L at the “J office located in Hanam-si, Ha, and that “on the delivery of pigs with our company, the payment will be made immediately.”

However, since the Defendant planned to commit fraud from the beginning with accomplices, the Defendant did not have any intent or ability to pay the price of the goods even if the goods are supplied by the victim.

Nevertheless, the Defendant and D and E, as such, were informed of the victim’s deception, and were supplied with pigss equivalent to KRW 17,321,635 at the market price from the victim to December 12, 2009, and were provided with goods equivalent to KRW 467,247,895 at a total of 20 times as shown in the annexed crime list.

Accordingly, the defendant, D, and E in collusion with F, H, and I, received the total amount of 467,247,895 won from the victims and acquired them.

2. The Defendant, on October 2009, joined the saidJ with the introduction of M directors, who had been aware of the transaction in the first place, and worked from around that time to December 8, 200 of the same year, ordered some of the goods upon H’s work order. However, from October 2009 to the end of November 2009, the amount of goods was normally paid to the first policeman on December 2009.