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(영문) 서울중앙지방법원 2018.11.09 2016고단5123
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant B for the damage through deception amounting to KRW 49,920,00,000.

Reasons

Punishment of the crime

[criminal records] On March 9, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court and two years of suspended execution, and the above judgment became final and conclusive on March 17, 2016.

[Criminal facts] The Defendant is the representative of “G”, a distributor in Yeongdeungpo-gu Seoul Metropolitan Government E building F.

The defendant deceiving four victims as follows, and acquired a total of KRW 168,380,000, respectively.

1. On July 28, 2015, the Defendant, at the victim I office located in the Dongjak-gu Seoul Metropolitan Government H underground floor, concluded a false statement that “G would have entered into a contract for the supply of goods with L, but G would have to deliver shampoo shampers and shamper products produced by L within five (5) days per week by first remitting the price of goods.”

However, the defendant did not have entered into a contract for the supply of goods with L, and even if he received the price for the goods as above, he did not have the intent or ability to deliver the goods normally.

As such, the Defendant, by deceiving the victim, received 35,40,000 won from the victim to the Defendant’s N bank account in the name of the price for goods, namely, remittance of KRW 24,00,000 from the victim to the Defendant’s N bank account on July 30, 2015.

2. On July 29, 2015, the Defendant committed the crime against Victim C with the victim corporation: (a) falsely stated the above method to the representativeO of the victim corporation C by “P has the unique trademark code; and (b) to supply shampoo and Q “P” produced by P, if the purchase price of the goods is transferred first, by transferring the price of the goods.

However, there was no fact that the Defendant entered into a special sales contract with P, and even if the Defendant received the price of the goods as above, he did not have the intent or ability to deliver the goods normally.

The defendant deceivings the victim as such, and takes money for the goods from the victim.

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