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(영문) 창원지방법원 2018.06.22 2017고단830
사기등
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor for the crimes Nos. 1, 2, 3-C of the ruling, 4, 5, 6, and 7 of the ruling.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. by the Incheon District Court on July 1, 2013, and the said judgment became final and conclusive on July 1, 2013, and on September 30, 2014, the parole period was expired on September 30, 2014 while the sentence was executed by the original prison.

"Criminal facts"

1. The Defendant is a person who, under the jurisdiction of C Changwon Branch Co., Ltd., worked as a business employee, exchanged a water purifier and a business employee.

On July 22, 2016, the Defendant entered into the agreement with the victim and water purifier siren at the home of the victim F, which is located in the old D apartment E in Changwon-si, Changwon-si around July 2, 2016, the Defendant has the effect of paying the victim a five-year rental fee by advance payment to the C, if he transfers the amount of KRW 594,00 to B in a lump sum.

“The purpose of “ was to make a false statement.”

However, in fact, even if the Defendant received a siren from the injured party, he was planned to use it individually, and he did not have any intention or ability to discount the siren cost by advance payment to C company.

The Defendant deceivings the victim as above and acquired 594,000 won from G Treasury accounts (H) in the name of the Defendant under the pretext of advance payment of the same day from the victim.

2. The Defendant, from February 2016 to October 2016, 2016, concluded a business performance contract with the Defendant I Co., Ltd. (former C Co., Ltd.) Changwon and entered into a business performance contract, and took charge of entering into a siren contract for water purifiers and other products, and managing products.

According to the contract for vicarious performance of duties with the victim, the defendant concluded a rental contract for the product with the customer and made the customer automatically check the rental fee to the account in the name of the victim, and there was an occupational duty that does not directly collect the rental fee from the customer in advance.

Nevertheless, on August 30, 2016, the Defendant violated the above duties and thereby, K water purifiers at the customer K's house located in the J of the Gu, J in Changwon-si.

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