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(영문) 서울남부지방법원 2017.06.23 2017고단2265

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant introduced the victim C, who became aware of from around 2011 through the fishing club, to be a person engaging in the new import business of a well-known brand, and the Defendant’s wife operates a well-known brand establishment agent. The Defendant’s wife is operating a well-known brand establishment agent, and the Defendant saw that a considerable amount of interest income is raised by leaving KRW 0,000 won to the bond company, and has re-effort high-class automobiles, such as getting on and off a high-class car. However, the Defendant actually did not carry out a well-known brand import business, but was in a situation that is economically difficult without any special property or income, such as tax arrears, etc.

1. On May 25, 2012, the Defendant made a false statement to the effect that “Around May 25, 2012, the Defendant, at the office that was operated by the Defendant for the first time, sold 5-60,000 won to the Plaintiff, who purchased 18,000 won at the aged, in the United States’s office that was operated by the Defendant for the first time, was allowed to bring in to the Republic of Korea and make profits from selling 5-60,000 won to the wholesaler.”

However, the Defendant did not engage in the act of importing new shares as above, and thus, it was not possible to pay profits through new sale, and even if the victim borrowed the above money from the victim who was able to use the money for his/her personal debt, other than the business fund, there was no intention or ability to repay the money.

On May 25, 2012, the Defendant was transferred KRW 11 million to the E account in the name of the Defendant’s management around May 25, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 22, 2013, the Defendant: (a) around early February 22, 2013, at the victim’s office located in Sinsi-si, Sinsi-si; (b) “On the part of the victim’s office located in Sinsi-si; (c) it is necessary for the victim to pass through customs the goods at Busan’s age; and (d) it is leased the Plaintiff’s Myeonk-si to sell the goods.