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(영문) 서울북부지방법원 2019.01.28 2018고정1724
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 15, 2018, the Defendant was sentenced to one year and six months of imprisonment in the Seoul Northern District Court for fraud, etc. and the judgment became final and conclusive on August 31, 2018.

On November 2016, 2016, the Defendant: “B” on the Internet website called “B”, “B” (hereinafter “B”) published a notice stating that “The consulting cost is KRW 5 million among the cost of manufacturing and selling cosmetics as one’s brand; ......... the consulting cost is KRW 5 million among all business partners and manufacturing and manufacturing factory open-up.... (C) The president, up to KRW 10 million, up to KRW 10,000,000, has been educated so that products can be created and sold. (C) At KRW 10,000,000, KRW 500,000,000 among the cost of creating and selling cosmetics as one’s brand, and the rest of KRW 5,000,000,000,000,000,000,000 won, including the rest of brand site construction, brand construction, and product creation.”

On November 8, 2016, the Defendant: (a) around 2016, the victim C, who reported and contacted the above advertisement text, could be punished by a large amount of money if he/she operated a cosmetic business by telephone; and (b) made a false statement to the same effect as the above advertisement content.

However, in fact, the Defendant had been in excess of the debt at the time and received money from the victim as the consulting costs and cost of producing cosmetics, etc., and even if the victim received money from the victim, there was no intention or ability to make new brand shopping mall and finished products, or sell such products through home shopping companies, etc., or to allow the victim to do so.

On November 8, 2016, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the account under the name of the Defendant as consulting expenses, as well as transferred KRW 1 million from the victim to the account under the name of the Defendant, at a total of 36 times from April 7, 2017, such as the written list of crimes in the attached Table.

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