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(영문) 서울동부지방법원 2019.03.29 2018고합1
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

[Criminal Justice] On November 30, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Northern District Court on November 30, 201, and on October 1, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on October 4, 2015 and completed the execution of the sentence.

[Specific criminal facts] Around September 5, 2016, the Defendant received KRW 83,170,000 from the victim C in total over 10 times from around September 5, 2017 to July 5, 2017, the Defendant received KRW 83,170,000 from the victim’s spouse E company bank account in the name of the Defendant’s spouse, and received KRW 100,000 from around 10 to July 5, 2017, by means of the following means: “A large volume of purchase of D department store merchandise, or purchase on behalf of internal prices, left 0.5% of profits, and sell and sell profits, and return the principal after the vehicle.”

However, in fact, even if the Defendant purchased D department stores in a large quantity without the ability to purchase them, the Defendant left profits and did not sell them in large quantities. Since the money received from the victim was used in return for the repayment of debts, interest, or income of other investors, or used for the purpose unrelated to the transaction of gift certificates, the Defendant did not have any intent or ability to return such profits or principal to the victim.

Accordingly, the Defendant, by deceiving the above victim, received a total of KRW 833,170,00 from the victim who believed it, and acquired it by fraud.

around April 6, 2017, the Defendant: “2018 Gohap161” purchased D department stores at a large amount at a discount of 4.5%; if he sells D department stores at a discount of 2.5%, then the difference arises; and if he makes an investment, he/she obtains 5% to 3.3% of the principal per month.

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