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(영문) 의정부지방법원 2019.11.21 2018고단4809

사기등

Text

Defendant shall be punished by imprisonment with prison labor for not less than one year and six months for each crime of 2018 Highest 4809 and each crime of 2019 Highest 1430 decided.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for perjury at the Seoul Central District Court for six months, and the judgment was finalized on July 21, 2016, and on February 22, 2018, the judgment was finalized on March 3, 2018.

"2018 Highest 4809"

1. Fraud;

A. A. On May 2015, the fraud of investment funds related to overseas prestigious clothing and new import and sale business means that “C,” which was operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, imported and sold overseas prestigious items and shoes to the victim D, “A business is engaged in importing and selling overseas prestigious items and shoes in Korea, and if an investment is made in this business, the principal will be guaranteed and the amount equivalent to 20% of the investment funds will be paid as profits.”

However, the Defendant did not operate the above business, and only carried out the so-called “competing” type of money invested by the victim as profits from other people, and even if the Defendant was to bear personal obligations equivalent to KRW 400 million at the time, and received investment funds from the victim, the Defendant did not have the intent or ability to pay the principal and its profits to the victim by operating the business of importing and selling overseas prestigious clothing and shoes as above.

As above, the Defendant, by deceiving the victim as above, obtained the victim and obtained the victim a total of KRW 27 million from the victim on June 8, 2015, KRW 20 million on June 9, 2015, KRW 7 million on June 12, 2015, KRW 200,000 on July 13, 2015, and KRW 8 million on July 17, 2015, respectively.

B. On October 26, 2015, the Defendant of the investment funds related to the business of importing and selling raw materials for bail may bring high profits to the Defendant, who imported raw materials for bail from Sri Lankan and processed and sold them in Korea, at the business office of “G” operated by the Defendant located in the head of Gangnam-gu Seoul building E, Seoul.