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(영문) 서울중앙지방법원 2014.05.08 2014고단31

사기

Text

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

Reasons

Punishment of the crime

The Defendant’s “Co. E” (hereinafter “E”) that imports overseas well-known items and supplies them to domestic agencies is a person who operated the Company, and the fact is not determined under the circumstances that E’s home fluor’s salesrooms were not determined.

1. On October 8, 2010, at the above “E” office located in Yangcheon-gu Seoul Metropolitan Government F on October 8, 201, the Victim G was finalized on May 201, 201, and if money is invested, the company will operate as a consignment method and distribute profits according to the share ratio.

‘Falsely speaking, the victim would enter into a contract for the establishment of a new bank account in the name of the above company for the establishment of the E World Cup store between E and E, and the victim would receive KRW 10 million on the same day as the new bank account in the name of the above company for the establishment of the start-up store, and acquired KRW 165 million in total by acquiring KRW 150 million on February 25, 201 and acquiring KRW 165 million on February 25, 201;

2. On January 24, 2011, the office of the above “E” made the victim H to make a false statement that it was confirmed to have salesroom E on May 28, 201, the Defendant made a joint start-up contract on the E World Cup store with the said E, thereby having the victim enter into a joint start-up contract on the E World Cup store with the said E, and received KRW 10 million on the same day as the new bank account under the said company’s name for investment, and received KRW 50 million on March 14, 201, and acquired KRW 10 million on three occasions by receiving KRW 50 million on April 28, 201. < Amended by Act No. 10537, Apr. 28, 2011; Act No. 10067, Mar. 5, 2011>

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of a witness G, H, I, and J;

1. Court rulings (Seoul Central District Court 201Gahap14091) (Evidence List 2,12);

1. Protocol of examination of the witness (number 32);

1. A civil judgment (Seoul Central District Court 2012Gahap53457) (No. 36);

1. Court rulings (Seoul High Court Decision 2013Na200388) (No. 38);

1. The application of the statute to the statement of I (No. 40)

1. Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the corresponding Articles of the Criminal Act concerning the facts constituting an offense;