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(영문) 인천지방법원 부천지원 2012.12.28 2012고합380

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from April 20, 2007, runs a tele-marketing business with the trade name of “D” as “D” under Article 404 of the Bupyeong-si Seoul Special Metropolitan City C building 404.

The Defendant employed a large number of telemers to sell household goods, etc. by phone calls to religious facilities, public institutions, and the general public without permission, despite the fact that the aforementioned “D” is not a welfare facility or organization for the disabled that has obtained registration and authorization by a regular manner, but is a welfare facility or organization for the disabled, with earnings from the sale of goods produced by the disabled and supporting the rehabilitation of the disabled. As such, the Defendant attempted to make a false statement as if he/she conducts programs for improving awareness of the disabled and creating jobs for the disabled through connected employment, and by deceiving the disabled to assist and help them, sold household goods at a price of up to three times the minimum purchase cost of the unspecified number of victims, and intended to

The Defendant, around February 9, 2012, called “D” office, called “B” called to the Victim F through Ba, and called “D” to the effect that “the rehabilitation center that sells products made by persons with disabilities, such as roller sites, as a means of providing rehabilitation education for persons with disabilities and welfare programs for persons with disabilities,” perceived “D” as welfare facilities for persons with disabilities or organizations with disabilities, and deceiving the profits from selling goods as if they were used for the rehabilitation of persons with disabilities, and then deceiving the victim as if the proceeds from selling the goods were used for the rehabilitation of the persons with disabilities, and then, the amount of KRW 286,000 as the price of the goods was received from the victim to the Agricultural Bank (G) account in the name of the Defendant, from April 20, 2007 to March 14, 2012, as stated in the [Attachment List] No. 20,76 instances No. 20,76 times per annum 160 and 76 times per annum as above.”

The sum of KRW 1,672,367,220 was acquired through fraud.

Summary of Evidence

1. The defendant's legal statement; 1.1.