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(영문) 의정부지방법원 2020.01.16 2019고단2252
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 6, 2018 to October 6, 2018, the Defendant was operating a mobile phone sales store of “C” on the first floor of Dongdaemun-gu Seoul Metropolitan Government from D and E temporarily transferred its business from its business owner owner, and the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) entered into a sales consignment contract with C, which is the victim, to supply the cell phone equipment to C, to make it open to and sell to consumers, and pay fees based on the sales performance to C.

On August 6, 2018, the Defendant ordered the employees G in charge of the victim company at the above C store by telephone, as if he were the normal sale of the phone AIPX-256SV cell phone.

However, the fact is that the victim company received a mobile phone from the victim company and opened it in the name of the subscriber who did not intend to use the mobile phone in the so-called “open-distance” method, which is the sale prohibited by the victim company, and then terminates the mobile phone within a short period. The relevant mobile phone operator only intended to acquire and make a loan to the defendant by disposing of the mobile phone operator. In fact, the victim did not intend to sell the mobile phone normally

Around August 6, 2018, the Defendant, by deceiving the above G and thereby deceiving the victim company from the victim company, obtained the above mobile phone through Kwikset service article from the above Kwikset service article, and acquired it through the delivery of the above mobile phone at the above Kwikset, from that time to September 13, 2018, and received the delivery of the total amount of KRW 9,071,700 in the eight mobile phone market prices owned by the victim through the same method as shown in the attached crime sight table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, and E;

1. Details of damage, business registration certificate, settlement data, and deposit details;

1. Electronic tax invoices, certificates, and notarial deeds;

1. Inventory pictures, C Settlement Details, H.

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