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(영문) 서울중앙지방법원 2017.07.07 2016고단791
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 791,” was a director of “B” corporation established for the purpose of selling computer peripheral devices, etc.

1. On September 5, 2014, the Defendant supplied the victim with KRW 45 million to the victim in E office, a corporation operating the victim D, which is located in Seo-gu, Busan Metropolitan City, Seo-gu, Seo-gu, Gyeonggi-gu, to supply KRW 5,00 cell phone auxiliary 3,00 foots by December 15, 2014.

“.......”

Since the Defendant planned to use the price of supplied goods for employees, other goods, etc., the Defendant did not have the intention or ability to deliver 3,00 worl 3,00 goods even if he received the price of supplied goods from the injured party.

As can be seen, the Defendant, by deceiving the victim, received a total of KRW 3,334,00 from September 5, 2014 to October 30, 2014 from the victim to the victim, and acquired the defrauded by remittance of KRW 3,334,00 from the victim.

2. The Defendant, at around November 5, 2014, produces to the victim of the foregoing office the entire auxiliary distribution unit that entered into a contract on September 5, 2014, on the top of a stock company.

If additional KRW 96 million is paid, 10,000 can be supplied by December 15, 2014. 10,000 can be used to provide 3,00 can't be used to provide mobile phone auxiliary 10,000 can't be used to cover 3,00 can't be used.

“.......”

However, the Defendant did not ordered an order on the part of the company, and there was no intention or ability to deliver a subsidy, even if he received the price of supplied goods from the injured party, since the Defendant was planned to use the price of supplied goods for employees, other goods, etc.

As such, the Defendant, by deceiving the victim, received money from the injured party on November 4, 2014 and acquired money from the victim.

On January 10, 2013, the Defendant was entrusted with the sale of Samsung 4G-12800 Mealympire semiconductor 3,850 and the market price of 150,0150,000 won at the office of Yongsan-gu Seoul Metropolitan Government 19-dong 19-dong 3G (ju).

Defendant was in the custody of the semiconductor for the victim, from February 2013 to May 2013.

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