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(영문) 춘천지방법원 영월지원 2019.07.05 2018고단432
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who has been in the overall management of the business by using externally the position of vice-president in D (hereinafter referred to as D) a corporation with the office in Gangwon-gun, Gangwon-gun, which is registered as a food materials supply cooperation company B.

Around March 2017, the Defendant continued to hold a negotiation with E F, the representative of E, G, and victim H and B, the representative of G, who wished to supply food materials to B at the above D office, in relation to the contract for the supply of food materials, and that “it is a competition system at the time of supplying food materials to B by the minimum bid price, and thus no profits shall accrue as us.” The Defendant entered into a false contract with the purport that “I cannot enter into a contract at the lowest bid price,” with the victims who agreed to the effect that “I would have been an adequate bid price, and would have changed from the bid at the minimum price after two months. If you deliver the food materials by a negotiated contract, I would be able to supply the food materials equivalent to KRW 10 billion per annum, and KRW 8 billion per annum, and the victims would be exempted from the service fee for two months maintained at the minimum bid.” While concluding the contract with the purport that the victims would have concluded a false contract with the above offices around December 2017.”

However, in fact, B was only supplied with food materials through the minimum bid, and there was no need to change the supply method, and the defendant was well aware that it is difficult to change the supply method, and there was no intention or ability to secure stable supply of food materials through other means to victims who receive the supply contract in the minimum bid.

In the facts charged of this case, "the defendant would build a low temperature logistics warehouse as a security deposit," but the defendant's security deposit from the victims.

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