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(영문) 광주지방법원 2014.12.18 2014고단2216
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2014 Highest 2216] The defendant is a person who works in Seo-gu, Seo-gu, Gwangju and has been in charge of the business of the victims.

1. Around November 5, 2013, the Defendant made a false statement to the effect that the Defendant against the victim E deposits KRW 11,80,000 as advance payment in the name of the F company in the name of the F company, with the victim E, at the victim E’s office through the company “in-house F (Representative G)” company “in-house F (Representative G).”

However, the Defendant had been unable to pay KRW 190 million for monitoring devices, such as monitors, which should have been paid in F, by supplying devices, such as computer monitors, through a company called “F,” while working in D. Thus, even if receiving advance payment from the victim, the Defendant did not have any intent or ability to supply a computer monitor.

The Defendant, as such, by deceiving the victim, received KRW 11,80,000 from the victim to the Suhyup account (H) in the name of G (F).

2. On November 5, 2013, the Defendant against the victim I made a false statement to the effect that: (a) the victim I would have to receive the difference of KRW 20,00 per one unit of advance payment of KRW 13,230,00,00 in advance payment corresponding to 50 computer monitoring units; and (b) the victim I would have to deposit KRW 13,230,000 into the account in the name of the said G (F) within the “F office,” the representative of G in the Seoul-gu J-gu Seoul Special Metropolitan City.

However, the defendant does not pay KRW 190,000,000 for devices, such as monitors, which should have been paid from 'F' by supplying devices, such as computer monitors, through a company called 'F', while working in 'D'.

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