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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant (State) was a person in charge of the computerized branch office of DD Busan, and the victim E is a person engaged in the sale of computerized expendable goods and office equipment in the name of “G” from 2007, Gyeongbuk-si.
1. (State) The Defendant, taking advantage of the position of the person in charge of the computerized branch office of D Busan, will conclude a contract for electronic maintenance, repair and supply with H, a trading company of D (State).
The purpose of this article is to acquire money from the damaged person for the purpose of fraud.
On November 5, 2013, 18:00, the Defendant left the vehicle of the victim who stopped in the vicinity of the docheon-dong, Namcheon-gu, Namcheon-gu, Namcheon-gu, Busan. The Defendant, within the scope of the victim’s vehicle, “(State)”, shall make the victim’s computerized maintenance, repair and supply to H, which is a trader of D, the customer of D, the terms and conditions for the settlement of the price and the margin of the settlement. To enter into the contract, the Defendant shall pay the cost to the head of the computer team at the Busan branch office.
“A false representation was made.”
However, the defendant did not have the intent or ability to conclude a supply contract between the victim company and H even if he received the payment of the Lovis from the victim.
Accordingly, the Defendant, as seen above, received KRW 3 million in cash from the injured party under the pretext of the street funds from the time of deceiving the injured party as above, from November 21, 2013, and received KRW 49,30 million in total five times until November 21, 2013, as shown in the list of crimes in attached Form.
2. On February 2, 2014, the Defendant supplied the victim with computerized goods, such as kids, such as kids, to D.
“A false representation was made.”
However, the defendant had already retired at the end of February 2014, and even if he had received computerized goods from the injured party, the defendant had the intention to dispose of the said computerized goods at his own discretion, and did not have the intention or ability to deliver the said computerized goods to D.
Accordingly, the defendant deceivings the victim as above and received computerized goods equivalent to 40,430,460 won at the market price on the same day from the victim.