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(영문) 광주지방법원 순천지원 2018.08.09 2017고단39
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court for fraud, etc.

9. 21. The above judgment was finalized on April 22, 2016, and the defendant was sentenced to imprisonment with prison labor for not less than eight months in the same court on April 22, 2016, and the above judgment was finalized on the 30th

The defendant around August 18, 2014, in the Seoul Special Metropolitan City Dtel, "The defendant is running the lux department store distribution business."

Since merchandise coupons are purchased in a large quantity and sold in the retail to put a mast to retail and pay profits, when investing in the purchase cost of merchandise coupons, at least 6% of the principal and the amount of investment in the purchase cost of merchandise coupons, and one million won was paid by the injured party on the day from October 22 of the same year, as shown in the list of crimes in the attached Table from October 22 of the same year.

However, in fact, the defendant received money from many investors, such as victims, etc. for the purpose of investment, and paid proceeds by preventing return to other investors, and even if he did not have any fact of conducting merchandise coupon trading business, he did not have any intent or ability to guarantee more profits than the principal by investing in merchandise coupon trading business.

Accordingly, the defendant deceivings the victim, thereby acquiring the above 417.6 million won from the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The statement of the witness E in the second public trial protocol and the statement of the witness E on the eight public trial date;

1. A detailed statement of account transfer, details of remittance from a suspect agricultural bank account, details of deposit and withdrawal, copies of receipts, and copies of receipt confirmation of deposit;

1. A statement explaining the details of complaint and complaint;

1. Copy of a decision not to prosecute;

1. Each investigation report (verification of the user of the amount deposited in the Agricultural Cooperatives Account, calculation of the amount of damage, details of damage, explanation and attachment of evidentiary data of cash payment submitted by the complainant, and a copy of the judgment);

1. A previous conviction in judgment:

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