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(영문) 서울남부지방법원 2020.08.12 2019고단6385
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Comprehensively considering the evidence submitted, the facts charged shall be partially modified and recognized ex officio to the extent that there is no substantial disadvantage in exercising the defendant's right to

From March 2012, the Defendant is a person who actually runs a stock company B (hereinafter referred to as “B”) established for the purpose of providing advertising agency services, producing newspapers and periodicals, and wholesale and retail of camping goods, and the victim C is a representative director of E Co., Ltd. (hereinafter referred to as “D”) with the trade name of “D” (hereinafter referred to as “D for convenience”).

On January 15, 2016, the Defendant provided the victim’s office located in the third floor of the F Building in Seoul Special Metropolitan City, Nowon-gu, that “B, within the country, supplied 700 camping goods related to camping at a 700 camping site nationwide, and can be exclusively supplied to the 2800 camping site nationwide in the future. It is issued to the nationwide camping site, and is expected to continuously issue a free shop in the future. (b) If the Defendant pays a total of KRW 33,00,000 won for the exclusive supply cost and advertising cost, the Defendant provided the crub products produced in D to the nationwide camping site, and made an advertisement at the above free shop during the contract period.”

However, at the time of fact, the Defendant did not supply camping-related goods to the nationwide camping site, and there was no plan to issue the free will continuously. Even if the Defendant received money from the victim, it was thought that the Defendant would use the goods for repayment of the Defendant’s living expenses and personal obligations, and did not intend to use the goods as advertising expenses, etc., and there was no intention or ability to advertise D’s goods exclusively or continuously in the national camping site.

Nevertheless, on January 20, 2016, the Defendant, by deceiving the victim as above, received KRW 33 million from the victim to the G bank account in B’s name (H) around January 20, 2016.

Summary of Evidence

1. The defendant's partial statement in court;

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