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(영문) 서울북부지방법원 2015.02.12 2014고단1096
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date of this decision.

Reasons

Punishment of the crime

The Defendants decided to conduct a new wholesale business, and the Defendants A came to assume the role of the import and sale of new products, and the attraction of investors in Defendant B.

1. On October 14, 2012, the Defendants, at the F office operated by the Defendants in Seongbuk-gu Seoul, on October 14, 2012, concluded that the Defendants would purchase and sell to the victims G an overseas well-known brand (e.g., age limit and IDS) in Hong Kong. When investing KRW 30 million, the Defendants would be 5 million as profits from the month during which the principal is guaranteed and the last month. The Defendants concluded that the sales proceeds of the imported new brand will be deposited into the four accounts immediately.

However, in fact, the Defendants did not have the intent or ability to guarantee the principal and to pay the profits to the victims even if they received investments from the victims because they were unable to purchase the overseas name brand in Hong Kong, and they could not get profits because they had no means of sales such as the new market.

In collusion, the Defendants received from the victim the money of KRW 23 million on October 17, 2012 from the victim to the national bank account in the name of the Defendant H, a child of the Defendant A, as the money for investment, and acquired it by fraud.

2. On October 17, 2012, the Defendants received KRW 23 million from the victim G, as prescribed in paragraph (1) around October 17, 2012, from the Defendant, to purchase brand new products at home and China, and kept them in the said “F” office.

On October 19, 2012, the Defendants made a false statement to the victim G who resisted and resisted the above office instead of a famous brand new product, that “this new product was also profits like the lux brand new product. At this time, the Defendants would make an investment of KRW 25 million in the purchase of the lux brand, which would be KRW 500,000,000,000,000 in one month. The said new product would also be deposited into the four accounts.”

However, the Defendants expressed their intent or ability to pay the profits they promised with the victim by purchasing the NAN brand urbanization.

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