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(영문) 창원지방법원 2016.04.21 2015고합285

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment for not less than two years and six months.

Defendant

B shall be innocent.

Reasons

Criminal facts

The Defendant, as a member of the interest business of the victim G Co., Ltd., a multi-level company selling cosmetics, paid a certain amount of sales allowances to the Defendant whenever the Defendant or its subordinate members purchase the goods of the victim company.

On September 14, 2013, H, a member of the victim, requested approval of KRW 1,234,567,890 for the purpose of confirming the method of settling the price for the goods through the victim’s computer network. In fact, only 12,345 won was settled by his credit card, but only 12,345 won was settled by the victim company’s credit card, the victim company was electronically processed to pay 1,234,567,890 won in total due to the error in the settlement system of the victim company, and H said fact was given “I” the settlement approval number to its upper-tier member.

Around that time, the Defendant, who received the above approval number from a non-member and purchased goods under the name of its subordinate members by securing its subordinate members, intended to pay the price of the goods using the approval number I, which was treated as having been settled in advance, with the amount equivalent to KRW 1,234,567,890 as above, and intended to obtain sales allowances from the purchase of the goods and goods.

On January 31, 2014, the Defendant: (a) at the G Kimhae Center, Gimhae, Inc., Ltd., which is located in J of Kimhae-si, drafted an application for entry into the name of K arbitrarily using the resident registration certificate and copy of passbook; (b) sought to enter K as subordinate members of the Defendant; (c) filed an application for purchase of goods with the victim as if K purchases G products equivalent to KRW 2,727,00; and (d) deceiving the victim by way of settling the price of goods with the above approved number “I” as if it was an approved number created by adequate settlement; and (c) around that time, he received delivery from the injured party, and acquired the amount equivalent to KRW 800,000,000 for sales allowances thereafter.

However, the fact is that the price of the goods according to the application for the purchase of the goods is 2,727.