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(영문) 춘천지방법원 2015.06.25 2015고단109

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant operated a virtual production and delivery company (the nominal owner of the business registration is the Defendant-friendly D) with the trade name “C”.

The method of operation was that when the defendant receives a request for provisional supply from the ordering company, the defendant was invested in the cost of household production from the victim F who operates the company of the trade name "E" and requested the production company in China to produce the bank, and supplied it to the ordering company, and the defendant was 17% of the victim's 25% of the cost of household payment received from the ordering company and 8% of the remainder.

피고인은 2012. 12. 고양시 덕양구 G건물 911호에서 피해자에게 “‘H’이라는 상호의 업체(이하 ‘H’라 한다)로부터 파우치, 숄더백 및 토트백 제작의뢰를 받았는데, 돈을 투자하면 위 가방들을 제작하여 납품한 뒤 H가 피해자의 계좌로 납품대금을 직접 송금하도록 하겠다.”고 말하였다.

Accordingly, on December 11, 2012, the Defendant and the victim invested KRW 50,028,00 (i.e., the amount paid on December 6, 2012, KRW 27,515,400, which was paid on January 8, 2013, and KRW 22,512,60,00, which was paid on January 8, 2013; ② the Defendant produced and supplied bags to H, and ③ on February 28, 2013, H entered into a contract with the victim to pay KRW 56,850,00 (value-added tax separate) for the total amount of supplied goods to the victim (hereinafter “instant contract”).

Of the cost of production for a temporary payment of KRW 27,515,400 on December 6, 2012, the cost of production for the Class 4 of the bank whose place of the order is the “Inpoot oil” is KRW 21,997,800, and the cost of production for the Class 5,517,600 for the Class 1 bank whose place of the order is the “Inpok oil” is 5,517,600.

In addition, on December 11, 2012, the Defendant and the victim invested 70,048,000 won (i.e., payment 38,526,400 won on December 11, 2012) in total from the Defendant’s household production cost to the Defendant twice (i.e., value-added tax separately), and (ii) the Defendant is the said money.