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(영문) 서울동부지방법원 2016.04.14 2015고단3959
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B and C, each two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On June 23, 2011, Defendant A was released on October 28, 201, and the parole period expired on November 13, 201, while the Seoul Eastern District Court was sentenced to 10 months of imprisonment for fraud, etc. and a fine of 2 million won.

Defendant

C On June 11, 2015, the Seoul Northern District Court sentenced 4 months of suspension of execution to a violation of the Electronic Financial Transactions Act, which became final and conclusive on June 19, 2015.

[ within the extent that it does not interfere with the defendants' exercise of their right to defense, the expression of facts in the facts charged is recognized as a fact based on the evidence duly adopted and investigated by this court.

Defendant

A As an employee of the victim I Co., Ltd. (hereinafter referred to as the "victim Co., Ltd."), he/she is engaged in the business of hiding products, such as massages, water purifiers, and air cleaners, and performing follow-up management, such as product replacement and replacement, etc., of the victim Co., Ltd., and has a duty to ensure that the products of the victim Co., Ltd., are normally rentaled and have to be installed in an accurate installation for a siren for a siren purpose and to ensure that products are recovered after paying and maintaining the use of the siren fee.

Nevertheless, the Defendants: (a) concluded a siren agreement with the victim company as if Defendant B and Defendant C were to use the victim company’s product normally siren as they were engaged in the above tasks; and (b) received the product by delivery; (c) Defendant A conspiredd from the victim company that Defendant B and Defendant C sold the above product and divided the price thereof.

In fact, Doncom Co., Ltd., a contracting party of siren, provided only the name of the contract without authority by Defendant B, and thus, the victim company could not be held liable for the contract to DD Co., Ltd., and the victim company could not accurately grasp the location of the product.

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