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(영문) 서울동부지방법원 2017.07.19 2017고단883
사기
Text

A defendant shall be punished by a fine of three million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On December 21, 2015, the Defendant made a false statement that “The Defendant would settle the sales proceeds on a monthly day every week if the Defendant supplied the victim with credit in the clothing store “E” (hereinafter referred to as 63 years of age) to the victim D (hereinafter referred to as “C”) located in the Namyang-si, Gyeonggi-do.

However, in fact, the defendant has reached KRW 150 million, including bonds, and the company's financial position has deteriorated as much as the company's monthly rent or employee's monthly wage of the visiting distributor (ju) who has been operated by himself/herself has been unable to pay the investment money from time to time. In addition, even if the defendant sells the clothes of purchasing the clothing supplied by the damaged person with gift certificates issued by receiving investment money from the members, he/she was well aware that the sales proceeds cannot be included in the sales proceeds even if he/she sells the clothing of purchasing the clothing supplied by the damaged person with gift certificates, so even if he/she received a letter from the injured person, he/she did not have

Nevertheless, on December 22, 2015, the Defendant, by deceiving the victim, was provided with female clothes worth KRW 47 million in total from the victim's market price on December 22, 2015, and acquired them by deception.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution (one time and two-time cross-examination);

1. Application of Acts and subordinate statutes to the D Public Prosecutor's Statement protocol;

1. Provisions of Article 347 (1) of the Criminal Act and selection of fines;

1. The Defendant’s assertion on the assertion of the Defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which held that the financial situation at the time aggravated, was consistent with the aggravation of the financial situation. However, the Defendant agreed that the Defendant paid KRW 17,00,000 as advance payment while bringing clothes of KRW 47,00,00 from the injured party, and that the Defendant’s clothes should be returned if they are not sold. Thus, if the Defendant sold in excess of the advance payment, the excess amount shall be paid and the remaining products shall be returned, and if sold below the amount, the remaining products shall be the remainder.

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