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(영문) 부산지방법원 2014.12.12 2014고단5343
사기등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells functional health foods in the name of “D” and “E” on the 7th floor of Busan Jin-gu C building in Busan.

1. On August 12, 2012, the Defendant was trying to enter into an agency contract with the purport that the Defendant sells (D) the health food produced in F and uses the trade name “(D) E” (D). However, even though the contract was reversed, he/she had registered the business with the trade name “E” as if he/she were the above F’s business department, and had the Defendant enter into the said F’s total store or agency contract with the above F’s health functional food and acquired the money as the membership fee.

On May 10, 2013, at the above office around 15:00, the Defendant displayed the victim G, as if he was the business department of the above F, on the website and the Pamp, etc., as if he was operated by the Defendant, and at this time, he was in charge of the said F’s business department at the same time. The Defendant sold the health functional foods produced from the above F to 50 million won, which is the total sales right that can be sold in the Msan and Changwon area. The above F is an enterprise that is trustable and the product advertisement is planned to be made through TV, etc., and there is no problem in selling the product advertisement in the above F.

However, the fact was that the Defendant only entered into a contract with the above F to purchase and sell the product, and the above F did not have a department called “H”, and not only was an enterprise with no relationship with E and the above Korean new drug, but also there was no authority to enter into a contract since the Defendant was not delegated with the authority to purchase and sell the product by the above F to purchase and sell the product.

The Defendant, by deceiving the victim as above, prepared the “Masan and Changwon Headquarters Conclusion Contract” from the victim, and immediately transferred KRW 5,00,000 to I under the name of the Defendant as the down payment.

2. Forgery of private documents;

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