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(영문) 인천지방법원 2015.07.16 2014고단4919
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant, from around 2003 to June 2013, is a representative of a distributor called “E” in the name of “E” in the Chungcheong War D, and was working as an employee of F who was an actual operator.

E as a consignment agent of the CJ Japan Party, was a business entity that supplies, sells, and manages goods through the Agricultural Cooperative, the Internet shopping mall, etc. in the Chungcheongbuk-do area through the Agricultural Logistics Center, and supplies other products as well as other products.

On March 2012, the Defendant called from high school-friendly victim G to the high school-friendly victim G, and recommended that “I sell it on the Internet, because the test at home provides him with a low price of food and daily necessities, etc. to the party.” The victim began to operate the Internet goods sales business from the end of April 2012 to the name “I” in H of the Chungcheongnam-gu petitioner of the Chungcheongbuk-do.

When providing the victim with food, daily necessities, etc., the Defendant abused the fact that the victim first commences distribution-related activities and is not well aware of the distribution-related affairs, and acquired the price of goods from the victim.

Around October 26, 2012, the Defendant made a false statement to the effect that “I” office of the victim’s operation “I,” “I will give the victim a little amount of 740 stuffs of the CJ Japan product,” and “I will send to B when you need to send the money of KRW 48 million.”

However, in fact, the Defendant had no intention or ability to purchase 740 gamblings for the victim from the beginning. At the time, the Defendant did not pay personal debts to financial institutions, such as loans and credit card use fees to card companies. Since it was necessary to pay the outstanding amount, loan interest, credit card use fees, etc. related to other transactions, the Defendant did not have the intent or ability to supply the goods properly to the victim even if receiving the price of goods from the victim.

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