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(영문) 서울서부지방법원 2014.10.17 2014고단28
사기
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[Judgment of the court below]

1. Around May 15, 2012, the Defendant, who is in the Goyang-si Co., Ltd, made a phone call to the victim E (the age of 56) in the office of a dispute settlement council (the age of 56) substantially operated by the Defendant, and “I will deliver 2,500 won and less than 2,000 won per 2,000,000 won per Samsung 32,00 TV 1,000 Samsung 32,000,000,000 won per share in comparison with other locations.” On the other hand, the Defendant made a false

However, in fact, the Defendant did not have any intent or ability to purchase and supply 250 TVs at the time, because the Defendant had a debt amount equivalent to 300 million won at the time and corporate tax and personal tax were delinquent in the amount equivalent to 35 million won and should be used in paying the debt even if he was paid the above amount.

The Defendant, by deceiving the victim, received KRW 120 million from the victim to the national bank account (F), which is the passbook of the D Corporation.

2. Around July 26, 2012, the Defendant made a false statement that “Around July 26, 2012, the Defendant made a telephone call to the victim at the same place as the above 1., that “A total of 310 TV will be supplied without a molding three days after 3 days after inserting the text of the 32 Television TV in the Electronic Islands, adding it to 250 TV that was not supplied earlier, and adding it to 60 TV that was not supplied earlier.”

However, the Defendant did not have the intent or ability to purchase and supply 310 TVs of the above PED even if he received the above payment due to a large amount of debt such as the company debt as set forth in the above 1.

The Defendant, as above, by deceiving the victim, received KRW 30 million from the victim to the Korean bank account (G), which is the corporate passbook of the D Corporation.

【2014 Highest 360 [Attachment 360] Around 2010, the Defendant, as the head of the sales division, operated a virtual business as the head of the sales division, and directly operated a virtual distributor by establishing a (main) D in the name of the wife around March 201. Although the Defendant purchased home appliances in the course of operation, he did not properly pay the price to the supplier, thereby running the (main) D.

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