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(영문) 서울서부지방법원 2016.12.08 2016고단186
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around March 31, 2015, the Defendant entered into a contract for the supply of shampoo and shampoo with the representative F of the victim E Co., Ltd. at the above D office, and entered into a false statement with the said F by stating that “The amount of KRW 39,200,000, including value added tax, shall be paid to the said F until April 1, 2015,” which reads that “the amount of KRW 39,20,000, including value added tax, shall be paid.”

However, even if the Defendant received the payment from the victim, he did not have the intent or ability to deliver shampoo and shampoo as above. At the time, the Defendant did not deliver the goods to the transaction partner located in Hong Kong and thus was in the situation of returning the price of the goods.

The Defendant, by deceiving the victim as such, received 39,200,000 won from the victim as the price for the goods on the same day from the victim to the corporate bank account under the name of D, and acquired it by fraud.

around 10:00 on January 15, 2016, the Defendant explained the H “H” coffee store located in Jung-gu Seoul Metropolitan Government, and explained the victim I of the cosmetic investment business, “B is the J’s unit that carries on the cosmetic distribution business. A separate from the company’s work, the Defendant purchased and repeated the cosmetic.” Three persons invest each amount of KRW 20 million with an investment of KRW 60 million at KRW 60,000,000 in one week, and purchased at least KRW 150-2,000 per month, and made a profit at least KRW 150-2,00,000 per week in one month, and made an investment by settling accounts once a week.”

However, in fact, the defendant purchased cosmetics and had no idea to proceed with the business of returning them, and rather had the idea to use the invested money from the victim for the repayment of personal debt.

Ultimately, the Defendant deceivings the victim as above, and around January 15, 2016, as investment money from the victim.

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