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(영문) 대구지방법원 2019.06.13 2018고단4517
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2017, the Defendant posted a notice on the Internet to sell “B”, which is an Internet shopping mall operated by the Defendant, to a third party. On this basis, the Defendant had the victim C, who attempted to operate the Internet shopping mall, and had the victim C, attempted to acquire money by gaining access to the victim, by attempting to assist the Defendant in operating the Internet shopping mall.

1. On August 20, 2017, the Defendant, in the name of the purchase cost of new sales, made a telephone conversation with the victim “B, which is a company that supplies new sales to D’s direct stores. The annual sales amount to KRW 3 billion, and warehouse sales amount to KRW 500 million, and the daily sales amount to KRW 500 million, may be successful in the operation of the Internet shopping mall that sells new sales together with the Chinese factory, and the online shopping mall will be opened. The Defendant would purchase the high-priced new sales amount to KRW 8,00 at the low price per one day off, and thus, it would be only sold at the shopping mall site.”

However, in fact, the annual sales of the shopping mall operated by the defendant are only 240 million won, and there was no delivery of new sales to D stores. Even if the defendant received money from the defendant, there was no idea to purchase the new sales in China, and in the shopping mall, there was no intention to purchase the said money even if the defendant received money from the victim, and therefore there was no intention to purchase the new sales.

On August 31, 2017, the Defendant, by deceiving the victim as above, received KRW 176,00 from the victim to the EUnion account (F) in the name of the Defendant, and acquired KRW 4,804,00 in total nine times from that time until October 16, 2017, as indicated in the attached crime list.

2. On September 2017, the Defendant’s vehicle fraud is an shopping mall operated by phone call to a police officer with the victim.

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