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(영문) 서울서부지방법원 2014.09.16 2014고합65
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

Reasons

2. On October 21, 201, Defendant B heard the horses from around October 21, 201, which were defective in packaging films from A, and purchased them, Defendant B’s statement that the films for packaging from A are not distributed in normal powder, around November 23, 2012.

Until November 23, 2012, the Defendant purchased without any defects in the stuffing film in which G is named until November 23, 2012, at a very low price of 30% at the market price, and remitted the price to A’s personal account. Since A has been aware of the fact that he is an employee of G, the Defendant was aware of the fact that A had been aware of the fact that he is an employee of G, and thus, around November 23, 2012, A was aware of the fact that he sold the packaging film in G, a company’s packaging.

Nevertheless, around November 23, 2012, the Defendant purchased 41rawls in package films (standard : 5*2,000* 55*50,500) equivalent to the market price of KRW 4,387,000 which A acquired through the same means as described in the foregoing paragraph 1. At that time, from that time until September 3, 2013, total market price of KRW 451,853,00 in total over 36 times as listed in the attached list of crimes (2) is stated in the indictment as follows: “The total market price of KRW 461,753,000 in package films of KRW 461,753,00 in total.”

However, among the 14th of the crime sight table (2) of the bill of indictment, sb (b) of the second of the 14th of the indictment is not the item to be handled by Defendant B (Article 414 of the Investigation Record) but the main sentence of the charge is the acquisition of stolen films, and thus, the part of the statement on sb in the above sb of the crime sight table (2) was corrected to be deleted clearly by correcting that it is a clerical error.

However, the person who deposited the “2,192,00 won” as stated in the foregoing sb in the record to the Defendant is the Defendant B, but only the 145 pages of the investigation record of the fact that the person was the Defendant B.

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