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(영문) 대구지방법원 2013.06.14 2013고합154
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From 209 to December 31, 2012, the Defendant managed mobile phone sales agents while working as business employees at the D points of the victim Samsung Electronic Co., Ltd. located in the 22th floor of the Daegu Jung-gu building C.

A mobile phone sales agency may order the victim company's mobile phone only through its business members, and when an agency selling mobile phones deposits a certain amount of mobile phone purchase price into the victim company's account, the victim company shall settle accounts by deducting the mobile phone price purchased from the agency from the aggregate amount of the amount paid for allowances, such as monthly sales incentives, and the amount deposited from the agency.

Since the Defendant duplicating the above settlement process, the mobile phone sales agency used the fact that it is difficult to understand the amount greater than the ordered amount of the mobile phone, and used the fact that it is difficult to understand it, and used the mobile phone sales agency managed by the Defendant to receive the mobile phone from the victim company and to obtain it by fraud.

1. On January 22, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) ordered 5 mobile phones from the Central Information and Communications Network of Korea, a mobile phone sales agent connected to the cell phone order program and managed by the Defendant, and entered the details of receipt by self-transport.

However, the defendant did not have received a request for ordering the above mobile phone from the Central Information and Communications Technology, and he did not have any intention or ability to pay the mobile phone price.

After that, the defendant, around January 31, 2009, has served as an employee in charge at the Daegu Logistics Center of the victim company located in Ulsan-dong, Daegu-gu.

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