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(영문) 대전지방법원 2017.11.23 2017나100978
물품대금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

On July 4, 2014, the Plaintiff registered its business with the trade name called C, and operated a mobile phone sales agency in the Seo-gu Daejeon H and 304.

From around 2014 to January 2016, the Defendant operated a mobile phone sales store in the name of “G” from Daejeon Seosung-gu F, Daejeon. The capital and the name of the business entity are the defendant, and the actual operation is E, and the profit was operated in the way that the Defendant and E are divided.

E, from June 26, 2014 to January 7, 2016, from G, prepared and forged an application for new entry into a mobile phone in the name of another person without authority from G, and submitted as if the application for entry to a communications company or an agency selling or opening a mobile phone such as the Plaintiff was duly formed, and it received 72 mobile phones opened from a communications company or an agency selling or opening a mobile phone such as the Plaintiff, and acquired property benefits equivalent to the aggregate of 80,539,59 won of the mobile phone price and the service fee for the mobile phone by using the telecommunications service.

In such a way, from April 15, 2015 to January 6, 2016, E submitted an application for mobile phone subscription to C mobile phone sales agencies operated by the Plaintiff to obtain money equivalent to KRW 32,560,219 as indicated in the following table.

(3) On April 15, 2015, I 987,00 won of the terminal price of KRW 1,947,360 on April 21, 2015, but 1,42,00 won of KRW 882,00 on May 11, 2015, but KRW 882,42,000 on KRW 882,00,000 on KRW 560,000 on KRW 560,00 on June 26, 2015, KRW 18,000 on KRW 1,45,000 on KRW 8.38,00 on KRW 1,50,00 on KRW 48,00 on KRW 1,50,00 on KRW 28,50,00 on KRW 5,00 on KRW 5,00 on July 7, 2015, KRW 300 on KRW 38,5,2015.

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