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(영문) 서울중앙지방법원 2014.02.14 2013고단5737 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”) in Seoul Special Metropolitan City Gwangjin-gu, the main business of which is overseas miscellaneous income, Co-Defendant F (hereinafter referred to as “F”) is a director E prior to the separation of pleadings, and the victim G is a person who is engaged in the business of buying cosmetics and is punished by F’s private degree.

Around December 26, 2012, the Defendant sent e-mail and attached list stating that “The Defendant would supply 9,983 items to the victim via E-mail and attached list within 30 days after the full payment of the price of the goods was made.” On December 31, 2012, the Defendant offered the purchase of the above cosmetic to the victim through F, by sending the e-mail and attached list to the effect that “The Defendant received approximately KRW 430,000,000 from the victim for about 10 years prior to the receipt by the victim, and again, received money from the victim, and used it for the Defendant and F’s repayment of personal obligations and the promotion expenses for Japan’s business, etc.,” and the Defendant gave F’s consent to the supply of the goods.

Accordingly, the defendant and F conspired to acquire money from the victim.

On January 7, 2013, the Defendant and F demanded the advance payment of the price of the above cosmetic by preparing a product supply contract and a product supply contract statement stating that “When the payment of the price of the goods is made in full, the above cosmetic 9,983 will be supplied within 30 days from the above supplier and if the scheduled delivery period exceeds 30 days, it will be paid in full.” The Defendant and F demanded the advance payment of the price of the above cosmetic by sending it to the victim by e-mail.

However, the defendant and F was planned to receive money from the victim from the beginning to use the personal debt repayment with the defendant and F, and the promotion cost of the Japanese business.

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