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(영문) 제주지방법원 2020.11.13 2020고단1678
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who runs a intermediary business of fishery products by receiving a bid for fishery products through a DDR auction while operating “C” in Jeju-si B, and supplying them to customers and collecting fees.

Around May 2019, the Defendant received a proposal from the internal director G G of the victim in Gangdong-gu, Seoul, to sell the e-commerce in the Internet after receiving a proposal from the internal director G of the victim in charge of the e-commerce business in Gangdong-gu, Seoul, and concluded a contract for the supply of goods with the said victim company around May 21, 2019, stating that “In order to sell the e-mail via the auction of the D Association, it is necessary to put the deposit into the D Association. In order to sell the e-mail, the deposit should be included in the D Association. In addition, the deposit amount of KRW 15 million is added to the deposit amount of KRW 180,000,000 which is put into the D Association.” The Defendant entered into a contract for the supply of goods with the said victim company.

However, the Defendant, at the time, had been in a considerable amount of KRW 181,645,361, which was unpaid as of May 8, 2019, and had not been repaid at least 50% of the amount of the foregoing arrears. Therefore, the Defendant had no intention or ability to deliver the said victims with normal compromises through transactions with the said D Association from the beginning.

Nevertheless, on May 22, 2019, the Defendant, by deceiving the above victim company, received KRW 15 million from the above victim company as a deposit money for the terms and conditions of the contract for the supply of goods to the International Bank Account (J) in the name of the Defendant.

2. The Defendant is a person who operated the “C” in Jeju City B.

At around 10:00 on October 16, 2017, the Defendant called “The Defendant called the Victim K (53 years of age) by phoneing the victim K (D) at the Jeju Island, and saying, “The Defendant shall use only one week and return it.”

(b).

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