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(영문) 수원지방법원 안산지원 2016.05.04 2015고단687
사기등
Text

The 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

From May 201, the Defendant is a person who has been engaged in mobile phone sales business, telecommunications opening brokerage business, etc. through a store located in F in online or e-mail in the name of “E” from around May 201.

In the meantime, the Defendant received a request from G Co., Ltd. (hereinafter “E”) which is a company mainly responsible for the multi-level mobile phone sales business, communication opening business, etc. around January 1, 2013, and from G Co., Ltd. (hereinafter “E”) which is a company operating the mobile phone, and from K which is operating the J, “The sales incentives for the mobile phone sold in E” are changed to H, and from K which is operating the company, “The sales incentives for the mobile phone sold in E are changed to G and I for the purpose of direct payment in our company from the side of the company.” From February 1, 2013, the Defendant separately received the above “E” and received the payment of KRW 3,00,000 per month and at the same time received the payment from the victim Co., Ltd., the Defendant was in charge of the business management director who takes charge of the business of designing the company’s telecommunications policy, customer management, inventory management of mobile phone terminals, and settlement of sales incentives (referring to sales incentives paid from each sales customer.

1. From June 2013, the Defendant caused a dispute over monthly wage and operating income between K and K, and the Defendant demanded K to receive 10% of the sales incentives from the mobile phone sales incentives directly sold in the name of “E,” and 5 million won per month, if they belong to the victim’s side, and 10% of the operating profits accrued from the said “E,” but no mutual agreement was reached on this part. Furthermore, K had failed to pay the Defendant’s existing mobile phone sales incentives to “E” due to the decline in the company’s management situation.

The defendant is a business profit and an existing sales incentive that he should receive from the victim I corporation.

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