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(영문) 서울북부지방법원 2017.01.11 2016고단57
사기
Text

Defendant

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

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 57 (Defendant A) Defendant is a person who actually runs the building E, the first floor, and the second floor of Jung-gu Seoul.

On October 8, 2014, the Defendant does not directly sell sugars in the CJ Home shopping, but broadcast sales through the CJ Home shopping at the Small and Medium Enterprise Distribution Center. The Defendant received advance payment of KRW 180 million from the Small and Medium Enterprise Distribution Center and received advance payment from the Small and Medium Enterprise Distribution Center, and then deposited the said advance payment at the Small and Medium Enterprise Distribution Center and deposited the remainder in the said F only after deducting the advance payment from the remainder of the sales proceeds. However, the Defendant concealed this fact and concealed the fact that “The sales of sugars take profits from making profits from the sales from the CJ Home shopping, and the return rate and cancellation rate should not exceed 20 through 30%, and the return rate should be more than 70 through 80%.

When making an investment in money, he/she made a false statement that he/she would purchase sugars and sell them in the CJ Home shopping and return the principal of the investment with priority in return for the sales proceeds received.

However, the above F had already received KRW 180 million from the Small and Medium Enterprise Distribution Center as advance payment, and had no intention or ability to return the principal to the victims even if the return rate is more than 70% for high-priced products, such as the sprink clothes, and the return rate is more than 70%, and it was made by the Small and Medium Enterprise Distribution Center.

As can be seen, the Defendant, by deceiving the victim G and deceiving him/her as such, paid KRW 16 million from G on October 17, 2014, KRW 21.34 million on the same month, and KRW 200 million on December 21 of the same year, by deceiving the victim H, thereby deceiving him/her as such, KRW 15 million on October 15, 2014, KRW 16.15 million on the same month, and May 2, 2012.

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