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(영문) 서울중앙지방법원 2014.12.30 2014고단1887
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

In spring around 2012, the Defendant purchased the Defendant’s debtor D and stored in the warehouse, and sold the household through Home shopping. However, the Defendant bears the purchase price for the household, and D entered into a partnership contract with the content that the Defendant would have 40% of the sales revenue, and 40% of the sales revenue.

On the other hand, household sales are operated in the way that the consumer wishes to purchase home shopping advertisements in the home shopping company and transfers household payments to the home shopping company, the home shopping company remitted the remainder after deducting advertising expenses from the deposited household payments to the defendant's side, and the defendant's side delivers the households stored in the warehouse to the consumer.

However, in order to sell through the above home shopping, the average advertising cost of about KRW 10 million per month regardless of the sales volume should be paid to the Home shopping company. The sales revenue was less than the expected number of households at the time, and the revenue structure, such as sales revenue, which was urgent to cover the advertising cost, was deteriorated. On July 2012, it was difficult to properly purchase the ordered household even if it was paid by the victim, because it was in bad circulation, such as the cost of household sales from the customers of the household who face the shortage of funds, should be paid for the purchase cost of the household or warehouse cost, and it was difficult for the Defendant to properly release the household under custody even if he purchased and stored in the warehouse. At that time, the fact was well known that the household sales business was operated during the period of reporting the fact from D.

Nevertheless, on August 28, 2012, the Defendant is a person who is a member of the G Service Center for the Operation of the Victim F in Yongsan-gu Seoul, Yongsan-gu Seoul.

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