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(영문) 서울남부지방법원 2021.03.03 2019고단5040
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From December 2008 to May 2017, the Defendant served as an employee of the business division of “B”, who is an importing company of alcoholic beverages, from December 201 to May 2017.

1. The Defendant: (a) around March 17, 2017, at a car page in Yongsan-gu Seoul Metropolitan Government where it is impossible to know the trade name; (b) the Defendant would import and deliver the victim C with the shower 2,400 bottle 2,40 to the victim C.

“A false representation was made.”

However, the defendant only planned to use the alcoholic beverages for personal purposes, such as repayment of debts, etc., by receiving the payment from the injured party, and did not have any intent to deliver alcoholic beverages.

Nevertheless, around March 17, 2017, the Defendant received KRW 8 million from the damaged person to the Defendant’s single bank account, KRW 5 million from March 26, 2017, and KRW 517,400,000 from March 27, 2017 to the Defendant’s single bank account.

2. On April 14, 2017, the Defendant: (a) in a car page in which it is difficult to identify the trade name located in the area of the branch of Sung-gu, Seongbuk-gu, Sung-do; (b) “I would like to supply the Defendant with 2,400 bottles by inserting a discount program for a long time to import the Shaeari as it is French.”

“A false representation was made.”

However, the defendant only planned to use the alcoholic beverages for personal purposes, such as repayment of debts, etc., by receiving the payment from the injured party, and did not have any intent to deliver alcoholic beverages.

Nevertheless, around April 14, 2017, the Defendant received five million won from the damaged person to the Defendant’s single bank account, and 1,2160,000 won from April 15, 2017 to the Defendant’s single bank account.

From December 2, 2008 to May 25, 2017, the Defendant served as a business member who manages a business partner in the Investment Bank of Korea (the representative director D, etc.; hereinafter the same shall apply) and in the Private Partnership of the Victim Company E, from December 2, 2008 to May 25, 2017.

1. Fraud;

A. On October 12, 2016, the Defendant, at the victim company office located in Yeongdeungpo-gu Seoul Metropolitan Government F around October 12, 201, has the victim company’s computer delivery system.

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