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(영문) 서울서부지방법원 2013.05.30 2012고합281
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for three years.

The Defendants are 102,280,000 won in H, each of which is the applicant for compensation.

Reasons

Punishment of the crime

Defendant

A is the representative director of the business place dealing with the computer peripheral devices in the name of "K" in 803 J building in Mapo-gu Seoul Metropolitan Government, and the defendant B is the employee in charge of the business of the above company.

1. The Defendants, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), conspired to acquire information by means of receiving network equipment from victims I and not paying the price.

On June 201, 201, the Defendants made a false statement to the victim I’s MO office operated by the victim I on the third floor of the Guro-gu Seoul Metropolitan L Building 33, which reads that “on the part of the owner, who supplied goods to our K, would pay the price to the owner as agreed on the settlement date.”

However, at the time, K has no intention or ability to pay the amount on the date of the settlement, even if it receives the goods from the victim company, because it has failed to pay the amount of the goods in excess of the debt amounting to 7-80 million won due to the failure to pay the amount of the goods.

Nevertheless, around July 5, 201, the Defendants received from the victim an amount equivalent to KRW 61,505,00 of the network equipment from the victim, from that time, from that time until September 30, 2011, and acquired it by fraud by being supplied with the computer equipment amounting to KRW 661,419,50 for ten times in total as shown in the attached crime list 1.

2. Fraud;

A. The Defendants conspired to acquire the information from the victim N Co., Ltd. (hereinafter “O Co., Ltd.”) through the supply of network equipment from the victim N Co., Ltd. (hereinafter “O Co., Ltd.”) without paying the price.

The Defendants, around May 201, at the victim N Co., Ltd. office operated by P in Mapo-gu Seoul Metropolitan Government, concluded that Q, an employee of the victimized company, would supply network equipment and sell it to other places and pay the price.

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