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(영문) 대구지방법원 2017.08.11 2016고단4866
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant operated a company with the trade name “E” from D 3rd floor in Gyeongbuk-gun C, the Internet and TV broadcast subscribers.

1. On January 1, 2015, the Defendant entered into a contract and an entrustment contract with the victim company to sell KTTV wire products (Internet,TV) in the name of the victim company and the business operator under the name of the “E”, which is an agent directly in the 6th floor of the KTG building in Daegu-gu, Daegu-gu, and the Defendant: (a) entered into a contract with the victim company to sell the said products; and (b) by attracting the subscribers of KT Internet and TV circuits for the victim company, the Defendant would receive approximately KRW 250,000 per Internet, and KRW 10,000 per TV, in the name of the user company, from the victim company.

On January 20, 2015, the Defendant: (a) prepared a false contract under the name of the J, the principal owner of the Yandong-gun Iudio Building, as if the Defendant had normally kept the Internet 10 lines and TV 10 lines; and (b) sent it to the victim company to enter the victim into the KT computer network.

However, in fact, the defendant only contracted to join the above JJ and the Internet 2 lines, TV 10 lines, but also claimed the excessive subscription line by sending a false contract to receive a large number of opening allowances from the victim company. Since the fee received from the victim was planned to use it as living expenses, etc., there was no intention or ability to change the name of the line or cancel it so that the charge can be imposed normally by changing or cancelling it.

Defendant was paid KRW 4,850,000 from the victim company in the name of the Defendant at around February 16, 2015 as the fee for attracting around February 16, 2015.

The Defendant, including that, from that time until September 9, 2015, received a total of KRW 160,995,920 from around 34 times in the following manner, as shown in the list of crimes in the attached Table.

2. The criminal defendant against the victim L is Daegu around April 2015.

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