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(영문) 서울남부지방법원 2018.05.16 2017고단4725
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant is a person operating cosmetics or a company with the purpose of wholesale retail, and D is a representative director of the damaged company E in charge of the domestic and foreign sales and distribution business of cosmetics, etc., and the Defendant is entitled to supply cosmetics to D by linking cosmetics suppliers, such as hydrogen hydrogen, etc., and can be supplied to 62% of the consumer price when trading through B.

The term “cosmetic distribution capacity” was limited to “cosmetic distribution capacity.”

On November 17, 2016, the Defendant made a false statement that “The Defendant would supply Class 2 600 sets per annum 2,300 sets of the purchase volume to the company account in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in the name of the company in charge of the purchase of KRW 30,000,000,000 in the name of the company in the name of the company in the name of the company in the name of the company in charge of the purchase, and the remaining amount shall be paid when the amount of the

However, the defendant did not secure cosmetics at the time and thought to use the price received from the damaged company for the repayment of his/her personal debt, so even if he/she received the price from the victimized company, he/she did not have the intention or ability to supply cosmetics.

The Defendant received 230,000,000 won from the victimized Company to the IBK Enterprise Bank Account (H) in the name of the LAB Bank in the name of the damage Company.

Accordingly, the defendant deceiving D and F and acquired 230,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the statutes of each police statement protocol to I and J;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reasoning for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation was not completely recovered (the Defendant remitted KRW 3 million to the victim company on May 14, 2018), the amount of damage is relatively large.

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