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(영문) 수원지방법원 성남지원 2021.02.16 2020고단2578

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 14, 2020, the defendant was detained for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and is still pending in the trial.

Criminal facts

1. The Defendant is a person who actually runs a stock company F, which is a distributor, such as cosmetics, in Seoul Yangcheon-gu Seoul building and home shopping products, and in the same building E, the Defendant is a person who actually runs a distribution company, such as cosmetics.

The Defendant, around June 11, 2019, at the main point of “H” located in Gangnam-gu Seoul Metropolitan Government G around June 1, 2019, at the victim I, “The Chairman of the JJ, who is a ship in the Republic of Korea, has two friendships with the Chairman of the K K, and the Chairman of the K K has granted the Chairman of the JJ to the Chairman of the JJ to sell the “L”, which is a German non-resident product

The annual sales of this product have been near 200-30 billion won even if the product was sold in Korea.

Republic of Korea has decided to sell Korean monopolys on behalf of the president of JJ with the friendship of the president of JJ, and already completed the contract with K-related persons.

If “L” goods are to be supplied with KRW 30,000,000,000,000 is required and the burden of KRW 350,000,000 among them is 7:3,00,000, the sales of profits after domestic sales was defective. First, to receive the first product, the amount of advance payment is required, and 200,000,000,000 won is changed first among the invested amounts

However, in fact, the defendant or the "J Chairperson" did not acquire the right to sell domestic monopoly products from K, which is the importer of the "L" product, and even if 200 million won is paid from the injured party, he/she was thought to be used to repay the obligation with priority, and thus, he/she did not have the intent or ability to distribute profits to the injured party by using the goods as an advance payment for the domestic monopoly sales of the said product as

The Defendant, as such, by deceiving the victim, received KRW 200 million from the victim, to the new bank account (M) in the name of F Co., Ltd. on June 14, 2019, for the purpose of investment deposit around 17:30, 2019.

2. The Defendant who forged a private document shall make the said investment to the said I.