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(영문) 서울중앙지방법원 2014.08.28 2014고단3829
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 2007, the Defendant entered into a consignment agency contract with KT (hereinafter “KT”) from around May 2007, and operated a mobile phone agent with the trade name “D that sells mobile phones with the issuance of goods sales code “C” from KT.”

The KT proposed the establishment of a company in the form of a superior agency to conclude a consignment agency contract with the KT by integrating several agencies which have entered into a consignment agency contract with the E, the above D, etc.

On December 2, 2008, F, a business owner of the above “E, established the Victim G, a superior agency which entered into the consignment agency contract with KT, and subsequently joined the victim company’s shareholder and subordinate agency as well as the victim company’s shareholder, and the defendant was awarded the commodity sales code of “H from K, after joining the victim company’s 11 subordinate agency on October 1, 2009.”

On the other hand, the victim company kept the cell phone from KT with the "I" code, and paid the price for the goods received from its subordinate agencies such as the defendant, etc. to KT within the credit period, and the defendant et al. operate the business in the form of selling the mobile phone supplied from the victim company with the "H" code granted by KT.

2. Fraud;

A. Before becoming a subordinate agency of the victim company’s 11th from May 2007 to the end of September 2009, the Defendant had no way to pay KRW 100 million of the purchase price of the goods that D had borne by KT. The Defendant, who sold the goods released to the victim company by being transferred to the new sales code C with D transferred the goods that D had been released from K to the previous sales code C, and had been willing to pay the previous debt by receiving the sales price and sales fee from KT as the above code and automatically deducting the Defendant’s previous debt amount from KRW 100 million.

The defendant, on 209.

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