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(영문) 부산지방법원 동부지원 2020.06.10 2019고단1034

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant, at the C office located in the G office located in the Busan Sindong-gu, Busan, called, “At present E, is engaged in distribution business with an agency authority for various companies, such as F, G, H, etc., in the trade name of “S,” and the F is a company that produces and sells plastic products, and the Republic of Korea has an agency authority for both the Busan metropolitan area. The average monthly sales are KRW 50 million and the monthly revenue is KRW 10 million. The acquisition price of the agency operating authority is KRW 100 million.”

However, the monthly indictment of the F agency in the operation of the defendant is written as the "annual sales", but it seems to be a clerical error.

The average sales amount of KRW 20 million was only 20 million, and the defendant was supplied with goods from F, did not enter into a contract with F and agency operating rights, and there was no authority to transfer the right to receive goods without consultation with F, so even if the victim received the purchase price of agency operating rights from the victim, there was no ability and intention to transfer the agency operating rights to the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 28 million from the victim on February 21, 2018, and KRW 12 million on February 22, 2018, from the Busan Bank Account in the name of EI, KRW 50 million on February 22, 2018, from the corporate bank account in the name of K, and transferred KRW 100 million on February 22, 2018 to the corporate bank account in the name of K, and from February 22, 2018, KRW 10 million on or around February 22, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by witnesses D andO in the second trial records;

1. Each protocol of examination of the accused (including the substitute part);

1. Statement by the prosecution and the police against D orO;

1. An investigation report (Submission of the Director of the Trade Agency), an investigation report (to make a telephone statement with a person related to the F head office), and an investigation report (to submit a file recording the contents of conversations for the suspect).