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(영문) 서울남부지방법원 2017.01.12 2015고단5425
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the actual operator of corporation D, which is a tele-market company, such as joining the Internet in Guro-gu Seoul Metropolitan Government and 409-7, and the victim E is a company that performs duties such as opening Internet and additional services and acting as an agent for A/S.

On January 28, 2013, the Defendant entered into a sales store agreement on the sale of G and TPP goods (Initial Internet, Telephone, InternetTV) and mobile goods with the representatives of the above E office located on five floors in Songpa-gu Seoul, Seoul, and made a request for the payment of private goods separately from the above E in case where the Defendant agreed to pay to the customer while attracting the customer of the above TPP goods, the Defendant deducted the private goods to be paid to the customer from the customer attraction fee to be paid to the customer instead of paying the private goods to the customer, and if the Defendant did not separately request the payment of the private goods, the Defendant received the fee for attracting the customer without any separate deduction from the above E office, and the Defendant paid the private goods directly to the customer.

However, in fact, even if the Defendant attracts customers through a contract for the provision of stolen goods, the Defendant did not request the provision of stolen goods separately from the above E and received a fee for attracting customers not deducted from the amount of the stolen goods from the above E, and did not pay the stolen goods agreed upon to the customer, and the Defendant intended to have the above E pay the stolen goods on behalf of the customer.

Therefore, even though the Defendant agreed to pay 202,000 as a foreign gift when entering into an Internet subscription contract with H at an insular place on January 9, 2013, the Defendant entered the computer as if he did not pay any foreign gift to the above H and received KRW 170,000 from the above E as a commission fee on October 18, 2013, and the Defendant received KRW 170,000 from the above E as well as from the above day to October 25, 2013 as shown in the list of crimes.

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