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(영문) 부산지방법원 2015.02.06 2014고단6722
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant has been in charge of managing the F of the E operation in which food materials, etc. are supplied from the target corporation as a victim corporation D business operator of Busan branch D.

In around 2012, the Defendant failed to sell goods to the extent of the sales target allocated by the Plaintiff, the head office, and the Defendant ordered the said F to sell goods to the said F, instead of selling them to the said F, by ordering the goods to be supplied to the said F with F under the said F’s name and agency code, and promised to pay the said price to the said F, and sold goods to the said F in the said F’s name. However, the total amount of the outstanding amount that was not paid to the said F from June 2012 to October 2013 due to the cumulative amount and dumping sales, and the total amount of the outstanding amount that was incurred from the cumulative amount and dumping sales, from June 2012 to October 2013, 2013, was 71,997,551 won, and the victim demanded the Defendant not

Furthermore, even though the Defendant had no legitimate authority to place an order for food with the head office in the above F name, the Defendant issued an order for food by acquiring a F agency code from November 1, 2013 to December 31, 2013, the Defendant, as indicated in the attached list of crimes, issued an order for food directly to retail stores, such as G, etc. by ordering food of KRW 75,257,573 in KRW 70 in the name of the said F, as indicated in the attached list of crimes, at the place from November 1, 2013 to December 31, 2013.

However, at that time, the Defendant had no authority to order food to the head office under its name using the above F's agency code, and ordered the Defendant to pay the above debt to the victim who had already occurred due to the collection of the price of goods from the retail store, and the Defendant did not have the ability to pay the sale price normally.

As such, the Defendant had the right to order the goods under the above F name and agency code, deceiving the subject of the Victim Company.

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