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(영문) 의정부지방법원 2017.11.02 2017고합242

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to six months of imprisonment for embezzlement and two years of suspended execution at the Seoul Eastern District Court, and the above judgment became final and conclusive on April 22, 2017.

On September 9, 2014, the Defendant: (a) purchased merchandise at the price of 95% from the home plug (distribution store) at the price of 95%; (b) supplied the merchandise from the home plug to the mobile shopping company (nick, Tmon); and (c) received payment after 15 days after the delivery to the mobile shopping company (nick, Tmon) at the E shop located in Gangnam-gu Seoul Metropolitan Government D; (c) there is a benefit of 7% per time; and (d) distributed the profit to G20% and the victim at 40%.

In addition, the phrase "us will bear the taxes and public charges incurred in the transaction of goods" was false.

However, even if the Defendant received investment money from the injured party, the Defendant did not have the intent or ability to carry out the business by purchasing home fluor gift certificates as above, and at the time, the money that the Defendant received from the injured party amounting to at least 200,000,000 won was intended to prevent the return of the existing debt.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 10,50,000 on September 22, 2014 from the victim for business investment; and (c) received KRW 10,56,695,00 on September 14, 201, from the time to February 11, 2016, as indicated in the list of crimes in the attached Table, and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police with regard to F;

1. Each investigation report and report on the results of investigation;

1. The Home Plus Business Development Statement, Home Plus Distribution Tax Account Statement, Home Plus Transfer Certificate, Deposit and Release Transaction Statement, Kakakakao Stockholm dialogue, Principal and Interest Adjustment Statement, Gaum Plus Settlement Account Book, Kaum Bank Plus Bank Plus Bank Plus Bank Plus Bank Co., Ltd., one Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Bank Plus Plus Bank A