beta
(영문) 부산지방법원 2019.07.26 2019고합46

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for a term of four years and a fine of 1,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2019, 46"

1. Around 18:00 on March 20, 2017, the Defendant made a false statement to the victim B stating that “The Defendant would return the principal and the profits of 15%, as the principal and the profits of 15%, to the victim B, at the D main points located in Busan, Busan, the Defendant may import tobacco at the lower price of 2% per annum from the importing company, and the processing of this would have 5-15% margin from the normal price.”

However, in fact, the Defendant, at the time of the operation of the “E”, did not have any net profit due to the operation of the “E”, and did not have any intention or ability to repay the principal and 15% profit to the victim, even if he received the investment from other investors, even if he did not receive the investment from the victim as a deferred income.

As above, the Defendant, by deceiving the victim and receiving KRW 33,00,000 from the victim, around March 30, 2017, and from that time, acquired KRW 3,719,580,000 as shown in the attached Table Ma2 from that time until January 24, 2018.

2. On July 2017, the Defendant, who committed a crime against the Victim F, made phone call to the Victim F at a place where it is not known to the early police officer, and then imported tobacco at a very low price via the “G”, an import firm. When the Defendant supplied this tobacco to the “H” in the state of original water or processed products, there remains a 6-20% margin, and the Defendant would return the same as the principal and 5-15% profits after the month when investing money.”

However, the Defendant, at the time, did not have any net profit due to the operation of the “E”, and did not have enough financial conditions, so the company’s operating cost was insufficient, including B.