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(영문) 서울서부지방법원 2016.01.29 2015고단2672
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was working as the team leader of the victim D Co., Ltd. (hereinafter referred to as "D"), and E is a representative of the marketing company F.

In collusion with E, the Defendant conspired with E to sell G in the above-line and intended to prepare a false contract and receive money as advertising expenses, as if the advertisement on the sale of G in the above-line was conducted in F.

On October 8, 2014, the Defendant prepared a false statement containing false content as if the advertisement on the sale of G products sold in the Mep from the D office located in Jongno-gu Seoul, Jongno-gu H and 6th floor was run in F, and on the same day, the Defendant and E drafted a false advertisement agency contract stating that G sales advertisements are run in F between D and F.

However, in fact, the advertisement of the goods sold by the above-line is done through the company I called I at the above-line's expense, and the F did not carry out the advertising agency business. Therefore, the defendant was willing to pay the advertising fee to the injured party and to use it individually.

Ultimately, the Defendant, in collusion with E, by deceiving the victim as above, obtained KRW 74,320,000 from the victim to the account of the National Bank (J) around October 20, 2014 from the victim who was affiliated with E, and obtained the delivery of KRW 74,320,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K, L, or M;

1. Each letter, note prior to payment, official document (G advertising expenses request and notice of commencement of legal procedures), certification of contents, official document (4/13 / 13 / e-mail) and e-mail;

1. Details of the transfer contract, online advertising agency contract, reply to the case of a request for fact-finding, and the sales contract of goods;

1. Report on investigation;

1. Details of replies to requests for financial transaction information and transactions in the E bank account;

1. Business registration certificate, personnel record card (A) application of Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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