(영문) 대전지방법원 2017.10.24 2017고단3652

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(영문) 대전지방법원 2017.10.24 2017고단3652

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around July 2016, the Defendant, upon receipt of a proposal, agreed to sell goods under the name of the Defendant and divide the sales proceeds by selling them from his/her name, influor (one name, "C", "D", and "E"; hereinafter referred to as "name, influor") at Samsungdong-gu, Daejeon, Samsungdong-dong (hereinafter referred to as "S"), upon the receipt of such proposal. The Defendant offered the name, cellular phone, credit card, etc. necessary for committing the crime under the name of the Defendant, and conspired to sell goods such as the massage in the name of the Defendant, and then to take charge of selling and distributing the proceeds therefrom.

2. Criminal facts;

A. On September 2, 2016, the names and influoreds of the fraud-related frauds related to Analgos were phoneed to the person in charge of the victim Syrenland Co., Ltd. and called “mara” equivalent to KRW 7,780,500 in the market price owned by the victim company under the name of the Defendant.

S entered into a contract to pay KRW 19,500 per month siren from the national bank account in the name of the Defendant to the account of the Defendant, with the payment of KRW 199,500 per month during the period of automatic transfer. On September 14, 2016, the Defendant was delivered with one of the above massages to the office of Daejeon-gu F and 101.

However, in fact, there was no idea that the Defendant and the Defendant did not wish to pay the sirens at the time of concluding the sirens contract with the victim company, and there was no intention or ability to pay the sirens normally even if the Defendant was planning to file a petition for bankruptcy in order to avoid the payment of the sirens by disposing of the said massages and dividing the price.

Accordingly, the defendant and the non-indicteds of the name of the defendant in collusion to deception the victim company, and the defendant's company's 7,780,500 won at the market price from the victim company.

S has obtained delivery of one of the inside 'S' and acquired it by fraud.

(b) fraud with respect to electric wheelchairss;

유사 판례

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