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(영문) 의정부지방법원 2017.12.21 2017고단3951
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the operator of D and (ju) E in the 8th floor of the Dongdaemun-gu Seoul Metropolitan Building, the victim F is the operator of H in Nam-si, the victim F, the victim I is the operator of H in Nam-si, the J operating retail business for mobile communication sales, and L in the Nam-si, the Nam-si, the victim I is the operator of L in the 106th floor of the K Building in the Namyang-si.

1. The Defendant against the victim F entered into a contract on the consignment of mobile communications from July 2014 to March 2015 to supply the victim F with a mobile phone, and the victim F paid a fee if the victim F sells a mobile phone.

Around March 4, 2015, the Defendant: (a) discovered that the fee for the pre-sale of a mobile phone, which was paid by the Defendant’s superior mobile phone sales company, was collected from the Defendant’s superior mobile phone sales company, and submitted a false open document without selling a mobile phone; (b) the financial situation rapidly aggravated because it was no longer possible to receive the pre-payment fee from the bank wells; (c) there was no particular asset; and (d) around March 2015, the amount borrowed from the bank wells until the end of March 2015 was 3.3 billion won; (b) therefore, from around April 2015, the Defendant was required to pay the above amount, there was no intention or ability to fully pay the fee corresponding thereto even if the mobile phone retail company that entered into a contract for the pre-sale sales of a mobile phone was provided with the service of sales of a mobile phone from the mobile phone retail company.

Nevertheless, on April 2015, the Defendant continued to sell a mobile phone to the victim F, and on April 2015, there is no problem in D through the Defendant’s employee M.

The sum total of 27 cases from April 1, 2015 to June 24, 2015, including the fact that a mobile phone continues to be sold, by deceiving the victim F by allowing NF to sell one mobile phone to N on April 1, 2015, and received services on consignment of a mobile phone amounting to KRW 280,000 for the sales of the mobile phone, and as shown in the attached list of crimes, from April 1 to June 24, 2015.

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