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(영문) 서울서부지방법원 2015.12.09 2014고단2971
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

The Defendant is a person who had been operating an importing company of Italaba, Inc. D (hereinafter referred to as “D”).

1. On June 12, 2012, the Defendant made a false statement to the effect that the Defendant would supply the pertinent product if the Defendant paid the balance to Chapter 353 out of Chapter 484 of the “Datker Quaker's Quaker's Products” (hereinafter referred to as “Datker's Products”) and Chapter 353 of Chapter 484, which was previously ordered by the victim E, who is the customer of the existing Cheongban area, to the victim E, who was the business partner.

However, even if the Defendant received money from the victim, he did not have any idea to transfer the full amount to the Italian company (NT STRL; hereinafter “Esia company”). Even if he/she remitted part of the money to the Italian company, he/she did not think that he/she would transfer it under the balance of Chapter 353, the Defendant did not have any intent or ability to supply the goods even if he/she received the money from the victim.

The Defendant, as such, by deceiving the victim, received from the victim the total sum of KRW 40,00,000,000, around June 12, 2012, under the pretext of the balance in Chapter 353 of DNA Quakuaker 2012 F/W free goods, and received from the victim to one bank account in the name of the Defendant.

2. On June 14, 2012, the Defendant made a false statement that the Defendant would supply the pertinent goods if the Defendant pays the remainder to Chapter 192 out of Chapter 1074 among the “digegeles” 1074, which was previously ordered by the victim E, who is a customer of the existing Cheongban area (hereinafter “digeles 2012 F/W goods”) and the down payment to Chapter 164 of the “disker Quaker” goods (hereinafter “disker 2013 S/S goods”).

However, even if the defendant receives the payment from the victim, he did not think that he will transfer the full amount to the Italian company, which is the supplier of the Cheongba.

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