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(영문) 서울남부지방법원 2014.11.06 2014고단3669

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of six million won.

Defendant

B does not pay the above money.

Reasons

Punishment of the crime

[criminal power] On July 29, 2013, Defendant B was sentenced to six months of imprisonment for a violation of the Punishment of Tax Evaders Act, etc. by the Seoul Southern District Court, and the judgment became final and conclusive on August 22, 2013.

【Criminal Facts】

1. Defendant A is a business employee of (State)D who manufactures and sells (State) air pantys in toilets, and (State)E is a company that engages in wholesale business of building equipment with the agencies of the above State (State)D.

On June 201, the Defendant made a false statement to the effect that “The victim E office operated by the victim G, a corporation operating the F Complex 26 dong 313 dong 26 dong 313 at the end of Ansan-si, would have the victim deliver D’s heating stacks to the construction company, first of all, to transfer the purchase cost of the materials to the construction company, and if so, to request the supply of the materials, and to change 30% of the profits from the 30% of the profits from the 26 dong 313 dong 201.”

However, the fact was that the victim received money for the purchase of materials from the victim and intended to use it as his/her debt repayment, sports earth and sand gambling expenses, etc., and there was no intention or ability to supply it to the construction company by purchasing heating appliances.

As above, the Defendant, by deceiving the victim, received KRW 5,100,000 from the victim as the purchase cost of materials on July 22, 2011 from the victim, to the Agricultural Cooperative Account under the name of the Defendant, and received KRW 121,193,00 in total from that time to September 2, 2011, as shown in the attached crime list (1) and (2).

2. Defendant B, while working as a member of the business of (ju)D, was living together with A on the Guro-gu Seoul Metropolitan Government H and fourth floor.

On July 201, the Defendant received a proposal from A to the effect that “I will receive money fromG” and “I will take 10% amount of value-added tax if I will take her own personal business entity’s name and account,” and even if I knew that I would receive money by deceiving the victim.

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