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(영문) 서울북부지방법원 2017.02.16 2016고단2566
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

Defendant

A shall be the applicant for F and respective damages.

Reasons

Punishment of the crime

"2016 Highest 2566"

1. Defendant A’s fraud is the head of G’s business, which is a major cell phone repair business entity, and Defendant A is the representative director of the above company.

When the defendant and F came to know of the fact that the victim D intends to operate the cell phone repair business, the defendant and F conspired to receive the cost as if he would supply the main cell phone repair machinery and the cell phone parts to the victim in a normal way.

Around February 10, 2014, the Defendant and F made a false statement to the effect that, at the office of the above company located on the third floor of H-ground building in Dobong-gu Seoul Metropolitan Government, there is a good prospect for the repair business of the mobile phone, and that at the present time, there is a significant profit in the above company, the Defendant and F recommended the victims to commence the repair business of the mobile phone, and then, the Defendant would purchase and supply the heavy and high-priced cell phone repair machinery and the fixed cell phone parts produced in the Samsung Electronic Factory in China to operate the repair business of the mobile phone.

However, in fact, in order to use the amount received from the injured party as the defendants' debt repayment, the above company's operation fund, etc., the victim tried to supply low-priced and high-priced mobile phone repair machinery and the inner part of the "a even corner" to the injured party, and there was no intention or ability to supply the high-priced and high-priced mobile phone repair machinery and the fixed mobile phone parts produced in the Samsung T

A defendant and F, as mentioned above, conspired in collusion with the victim and deceiving him/her from the victim on March 10, 2014, 17,5370,000 won as the purchase price for the used mobile phone repair machinery; 100,000 won as the price for the primary mobile phone part around March 13, 2014; and 125,000,000 won as the price for the secondary mobile phone part around March 25, 2014; and he/she received 10,000,000 won as the price for the secondary mobile phone part from March 28, 2014 to an account under the name of the defendant; and received 10,000 won as the cost for the transfer of business know-how around April 28, 2014, and received 10,000 won as the account under the name of the defendant;

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