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(영문) 서울남부지방법원 2018.10.05 2018고합28
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On July 26, 2017, the Defendant received a request from D to purchase L CD 55 products from D, a business unit of the victimized Company C (hereinafter referred to as “stock company”) around July 26, 2017, which is the business unit of the victimized Company C (in the case of a corporation, the part of “stock company” is omitted) and may directly purchase the products at present.

The phrase “the purchase of goods” was made by smelling a quotation, but a contact was subsequently made that the purchase of goods was revoked due to the circumstances D.

Accordingly, the defendant "whether or not he unilaterally cancels" to D

“The damaged company had already ordered to do so, such as talking “”

Urging to purchase L CD 55 products in custody.

Around August 8, 2017, the Defendant received from D a new question as to whether L CD 55 products were in custody from D, and D, “The Defendant secured 55 articles in custody and paid the down payment for it,” thereby sending the goods up to August 18, 2017.

The phrase “ makes a false statement.”

However, the Defendant did not pay the down payment to the Defendant’s customer in relation to the purchase of the L CD 55 products, and even if he received the 55-bound product purchase fund from the victimized company, the Defendant did not have any intent or ability to supply the 55 products to the victimized company, such as not having received a delivery undertaking from the customer.

The Defendant, from the victimized Company on August 10, 2017, transferred USD 20,00 (Korean Industrial Bank of Korea KRW 22,840,000) to the foreign currency account in the name of F, operated by the Defendant, as a down payment for 1,320 L CD 1,320 (name of the product: E) from the victimized Company, and transferred KRW 515,963,197 in total five times from that time to August 18, 2017, as shown in the list of crimes in the separate list of crimes.

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