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(영문) 서울북부지방법원 2018.03.16 2017고단4148

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant is an expert in manufacturing and selling new products in the victim D and the victim E office located in Gangnam-gu Seoul Metropolitan Government C building 402 on November 30, 2016.

If a new product is directly manufactured in China and sold in Korea, profits can be generated at least 30%.

Sales places are secured in F and Home shopping broadcasting.

As a contract has been entered into with the F headquarters, it was said that the F store supplied the F store at a 100 place across the country and made an investment in the case of selling the Internet.

However, the Defendant was planned to use most of the investment funds received from the victims as personal living expenses, etc., and the Defendant did not have any contract for the sale of a new product with the “F” and the Home shopping company, etc., and thus, there was no intent or ability to pay the principal and business profits to the victims even if the Defendant received the investment funds from the victims.

As above, the defendant deceiving the victims and received 50,000,000 won from the one bank account (Account Number: G) of the defendant under the name of investment money from the victim D, and until March 20, 2017, the defendant received 163,230,000 won from the victims on seven occasions under the name of investment money, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Statement made by the police against D;

1. Details, etc. of transfer of contracts and accounts;

1. Investigation report (Reference I telephone conversations) [The defendant and his defense counsel] (the defendant and his defense counsel, at the time of receiving an investment from the victims, could actually manufacture and sell new shoes in China and make profits from them into the Republic of Korea. At the time, the seller was in consultation, and the money invested by the victims was used for the business, such as manufacturing cost of new launch, etc., so the defendant's act is not committed

The argument is asserted.

However, the foregoing.