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(영문) 부산지방법원 동부지원 2016.12.07 2016고단1429
사기등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around April 1, 2012, the Defendant joined D Co., Ltd., and worked as sales members at the Busan Shipping Daegu E from June 1, 2014 to December 29, 2015, and was in charge of the sale of TV, laundry, cooling, etc.

1. Around August 29, 2015, the Defendant against customers: (a) around August 29, 2015, the Defendant: “The arm’s length price for the electronic equipment to purchase gold is KRW 15,330,000; (b) particularly 9,600,000,000 can be purchased from the victim H; (c) first, the method would be cancelled if a credit card makes a lump sum payment of KRW 15,330,000 with the arm’s length price; and (d) instead, the Defendant would have purchased gift certificates by depositing KRW 9,60,000 with the “I” gift certificates with the knowledge of the payment of KRW 15,330,00 with the arm’s length price for the electronic equipment to be purchased from the Defendant’s H; and (d) as such, (e) the sales promotion benefits with the electronic equipment purchased at KRW 300,000 with the victim’s discount of KRW 30,000.

However, in fact, the defendant was planned to return the gift certificates purchased by the victim to use them for his/her own repayment and personal use, and there was no intention or ability to sell them in KRW 9,600,000 when the victim was normal to the victim.

As above, the Defendant, by deceiving the victim and having the victim transfer KRW 9,60,000 to the new bank account (J) of the above merchandise coupon company as the purchase price for merchandise coupons, etc., shall make the victim transfer the total amount of KRW 351,661,50 over 65 times from January 25, 2015 to December 11, 2015, to the said merchandise coupon company, and receive a return of merchandise coupons equivalent to the same amount.

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