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(영문) 수원지방법원 안양지원 2017.12.15 2017고단1335
사기
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant is a person operating (ju) D in Gangnam-gu Seoul Metropolitan Government, and the victim E (V, 66 years of age) at the same place on or around March 14, 2014, “If the Defendant purchases food treatment equipment to one million won and requests a consignment sale, he/she will pay the dividend of 1.2 million won per month for each year.

“A false statement” was made.

However, the Defendant, at the time of bad credit standing, was thought to receive money from the injured party, and paid it as profit to other investors. The Defendant did not have sufficient sales network for selling food treatment equipment, and the Defendant’s request for repair was made frequently due to the use of food treatment equipment sold by the Defendant, and thus, there was no intent or ability to pay profits to the Defendant by purchasing or selling food treatment equipment even if receiving money from the Defendant.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 3 million in cash from the victim on March 14, 2014 under the name of the purchase price for the food treatment period; around April 17, 2014, KRW 9 million in the Switzerland bank account (F) in the name of the Defendant; and around June 13, 2014, KRW 15 million in total, such as receiving KRW 3 million in the same account from the victim to the same account on June 13, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Each investigation report (Submission of the current status of installing a food water treatment plant, H of business employees, and the application of Acts and subordinate statutes on telephone investigation;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to him/her: The period of repeated crime is used to block the same type of crime during which repeated crime is committed; favorable circumstances: An agreement is reached with the victim;

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