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(영문) 수원지방법원 성남지원 2012.11.01 2012고합127

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendants shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

Defendant

A is a person who has been in charge of buying and inspecting the purchase of software, etc. in F (State) as an affiliated company of the Internet business chain E, and the defendant B is the husband of the defendant A.

G Co., Ltd. (hereinafter referred to as “G”) which is an affiliated company of E (State) and E (State) (hereinafter referred to as “State”) shall, when purchasing necessary goods from the company, forward a written request for purchase of goods to the electronic purchase system of the said F (State), which is an affiliated company of the said F (State), and F (State) shall purchase and examine the goods for which the said request for purchase was received from the customer of F (State), and then shall enter it in the written request for purchase approval of the said electronic purchase system, and then send an electronic request for approval with the electronic tax invoice to the affiliated company requesting the purchase, and the said requesting affiliated company shall directly pay the said goods to the customer of the said F (State) after examining the said request for purchase.

Defendant

A, among the goods requested to be purchased by affiliated companies of E (State) and E (State), the program software, etc. with no real objects among the goods requested to be purchased by the said affiliated companies, entered the content that the software, etc. was purchased and inspected with electronic tax invoices attached to the said computer purchase system, and then sent the electronic request for approval, he/she shall abuse the fact that the said affiliated company requesting the purchase would pay the goods to the transaction partner of the said F (State), thereby in collusion with Defendant B, the husband, who purchased the digital camera from the transaction partner, and let the said company pay the goods to the said company as if he/she purchased the software for the company, and he/she sold the purchased digital camera to use the funds.

1. Defendant A, around November 17, 2006, at the purchase room of the F (State) in the building located in the H building in Seongbuk-gu, Sungnam-si, Seoul-si, Defendant A, the victim of E (State) requested the purchase of the victim electronically sent through the said electronic purchase system (State).