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(영문) 서울동부지방법원 2018.04.05 2017고합296
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a company that served as the representative director of D (hereinafter “D”) and D is a company that provides services of delivering a large amount of text messages at the request of individual customers using the radio message transmission system provided by the victim’s online banking company (hereinafter “victim”).

On October 15, 2016, the Defendant would pay the royalty of KRW 8.1 won per page 1 of the short text message on the high seas to G, an employee of the victimized company through F, who is an employee of D, in the office of the victimized company located in Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul, through F, an employee of D.

“A false statement was made to the effect that it was “.”

However, in fact, D was in the state of capital erosion at the time, and was liable for approximately KRW 4.5 billion to many creditors, including approximately KRW 1.7 billion of the service price unpaid to Kti Co., Ltd. (hereinafter “K”) and demanded that Kti reduce the payment period from 2 months to 1 month and pay the service price in advance on the ground that Kti did not pay the service price to D, so that L is provided with text messages services from the victimized company.

Even if there was no intention or ability to pay the price normally.

Nevertheless, from October 2016 to December 2012, 2016, the Defendant deceiving G, thereby allowing D to offer text messages equivalent to KRW 1,320,382,562 (excluding value added tax) from the victimized Company.

In the instant indictment, “The Defendant was provided with text messages equivalent to KRW 1,320,382,562 (excluding value added tax) by deceiving the victim G, and from October 2016 to Haman on December 2, 2016, the Defendant was provided with text messages equivalent to KRW 1,320,382,562 (excluding value added tax).

"The facts charged in writing are stated as ", and Article 347 Section 1 of the Criminal Code."

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