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(영문) 수원지방법원 평택지원 2017.09.25 2016고합154

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant I.2. of the judgment of the court below

(a) through (c);

Crimes, Part II Crimes, Part III Crimes, Part III Crimes, Part V Crimes, Part V-1 of the Decision;

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment for gambling at the Seoul Central District Court on June, 2016, and the judgment became final and conclusive on September 20, 2016.

I. "2016, 154";

1. On April 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim I, who is a workplace partner, at the H office located in Pyeongtaek-si G, Pyeongtaek-si, 2015, has performed an act of exporting cosmetics against China. However, the Defendant has to secure the volume too much more.

If a company has continuously secured a large number of objects which are separately deducted from raising funds for the purpose of raising funds, it may enjoy profits from such acquisition.

If investment is made, it is false that it will guarantee the principal of investment and at least 1.4% of the profit per week.

However, there was no fact that the Defendant or the Defendant carried out the aforementioned business related to the export of cosmetics, and the Defendant was planning to use the investment money received from the victimized party for online gambling or living expenses, and the payment of existing debts (hereinafter referred to as “refiscing”). Therefore, even if receiving the investment money from the injured party, there was no intention or ability to deliver the profit to the injured party, such as the above agreement.

On April 13, 2015, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and received KRW 791,017,000 from the time until October 10, 2016, in total, from around 31 times, such as the 1st century of crime, from the time when the victim was transferred.

2. Fraud;

A. On February 2016, 2016, the Defendant against the victim J is operating a business in which the victim J, who is a workplace volunteer in the H office located in Pyeongtaek-si G, and our system exports domestic cosmetics to China. However, the demand in China should be increased.

여윳돈을 가지고 있으면 투자 원금과 일주일 당 1.6% 의 이익금을 보장하겠으니 투자를 한 번 해봐 라 "라고 거짓말하였다....