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(영문) 수원지방법원 성남지원 2013.03.21 2012고단2173
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not impede the guarantee of the defendant's right to defense, the following facts charged shall be revised and recognized:

The Defendant entered the victim D Co., Ltd. (hereinafter “victim Company”) around 1990 and worked as the head of the overseas business division and the head of the overseas team of the victim company from July 10, 2005 to November 10, 201.

The case holding that, as the head of an overseas business division and the head of an overseas team, the defendant, at around December 2008, entered into an export contract with an importer of Afcartan on the condition that the ocean freight is borne by the importer of Afcartan; however, in the case of the FOB (the seller or the exporter is terminated when the goods are delivered at the port of loading) method, the importer should be the subject of the contract; on the other hand, it is difficult for the importer to enter into the contract of carriage because it is difficult for the exporter to enter into the contract of carriage because the fixed price of Afcartan is uncertain, and the freight cannot be higher than the freight rate, and the seller or the exporter is formally liable for the freight and the insurance premium in addition to the delivery of the goods at the port of loading, and the contract was concluded in the way that the injured company entered into the contract of payment of the amount equivalent to the freight charges from the importer to the shipping company after concluding the contract of carriage and payment to the shipping company.

Around May 2009, the Defendant entered into a re-export contract with the ED 7 container (number of 462,00 cans), and requested the importer to pay the amount equivalent to the freight charges to G Co., Ltd. (hereinafter “G”), a shipping business operator, who is not the victim company, at the office of the Seoul Gangnam-gu FF victim company, at the office of the headquarters of the Seoul FF victim company, and requested the importer to pay the amount equivalent to the freight charges to G Co., Ltd. (hereinafter “G”), a shipping business operator, who is not the victim company, and received a refund in cash from G and received business promotion expenses, such

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