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(영문) 의정부지방법원 2020.06.25 2020고단1493

사기

Text

A defendant shall be punished by imprisonment for four years.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

The Defendant, “2020 Man-Ma1493,” was the representative director of C, a corporation established for the purpose of distributing and exporting cosmetics, clothing, miscellaneouss, and health foods, and the situation where the demand for the preventive masck has rapidly increased due to the spread of new cona viruss, with the intention of receiving money from distributors who want to purchase large amounts of masck sales.

1. Fraud by the ice sales broker of the Mark sales agreementD;

A. A. Around February 7, 2020, the Defendant sent a sales contract made in advance to E, the representative director of the victim company of the Kakakao Stockholm, a G Logistics Center H, which is located in F in Gyeonggi-si, and to E, a representative director of the victim company of the Kakao Stockholm, who is the victim company, using the Kakao Kakao Stockholm message. The Defendant entered into a sales contract with the total of KRW 640 million. As the down payment, the Defendant deposited KRW 150 million as soon as possible.”

However, in fact, the Defendant did not have any intention or ability to supply marina as agreed even if he/she receives money from the victim under the pretext of the payment of marina money.

Ultimately, the Defendant, as such, by deceiving E and deceiving it from E on February 7, 2020, obtained KRW 50,000 from E to the above IF’s account under the name of the Defendant as the Marsh down payment, and obtained a total of KRW 150,000,000 from E to the same account on February 8, 2020.

B. At around 10:04 on February 10, 2020, the Defendant sent to the above E the Kakaox message of 1260,000 Mack, 201,600,000,000 won, and called “E and telephone,” and additionally seek an additional claim for KF94 Mack 1260,000 won from the J company. In concluding a contract to supply 1.71 billion won, the Defendant entered into an additional contract to supply 1.260,000 Mack 1.2,60,000 won to supply the Mack prior to the contract.”

However, there is no fact that the defendant would be supplied with Mask from J companies.