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(영문) 서울중앙지방법원 2017.12.01 2017고합851

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal record] On October 23, 2009, the Seoul High Court sentenced the defendant to four years and six months of imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On November 25, 2010, the defendant was sentenced to one year for a crime of evading compulsory execution at the Seoul Central District Court on December 30, 2013, and the execution of the sentence was terminated on December 30, 2013. On July 21, 2017, the Seoul High Court sentenced the defendant to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on July 29, 2017.

[Criminal facts] Around January 2016, at E-cafeteria located near the D Hospital located in Gangnam-gu Seoul Metropolitan Government, the victim F was the victim F at the E-cafeteria’s office of the G regime, and now, the South East East and North Korea worked in the B-J security office of the G regime, while carrying out the business of the F-PP merchandise coupon in the political sphere.

If gift certificates are purchased to 60 to 70% of par value per department store and sold to 90% of par value per unit store, 20 to 30% of the investment amount will remain.

The 10th day of 15-20% of the earnings was said to be “teata” to pay the earnings.

However, in fact, the Defendant purchased gift certificates at the face value of 95% from the distribution of gift certificates retail stores. In fact, the Defendant purchased gift certificates at the face value of 95%. The Defendant made investment in the investment in the gift certificates sales business fund and repeated financial transactions that agreed to profit at a high rate from many people and paid to the existing investors in the form of preventing the prompt return of the funds.

For the same year

16. Such year as from the time when he receives 30,000,000 won from the injured party’s account as an investment in merchandise coupon business from the Industrial Bank of Korea under the name of the accused;

4. From 19. up to 19.0, a total of 6,073,50,000 won was remitted under the same name for 46 times, such as the statement in the list of crimes in the annexed sheet of crimes, and a total of 5,498,939,000 won was remitted and acquired 574,561,00 won, which is the difference.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and H, respectively.