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(영문) 서울동부지방법원 2016.07.21 2016고단1314
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Foreign Exchange Transactions Act at the Seoul Eastern District Court on June 6, 201, and the said judgment became final and conclusive on the 22th of the same month.

1. On May 7, 2012, the Defendant against the victim C is engaging in the business of exporting cell phoness to the victim C at the mutual infinite coffee shop in Gyeonggi-do, and the victim C.

If an investment is made every day due to a business that makes daily profits and settle accounts, the following day's profits shall be paid.

“False speech” was made.

However, in fact, the Defendant promoted a mobile phone export business without an export declaration and received the export price from a foreign exchange institution without going through the foreign exchange business, and was regulated by the violation of the Customs Act and the Foreign Exchange Management Act before receiving the investment money from the victimized person, so at any time, the Defendant was well aware that the Defendant’s business to proceed is unable to make a daily settlement of profits because the business could not be operated normally, and that the money paid from the victimized person was used in the form of a “recovering” called “recovering a return” for the repayment of obligations to D as a separate investor. Therefore, even if receiving the money from the victimized person, the Defendant did not have any intent or ability to use it as a fund

Nevertheless, the Defendant, as seen above, by deceiving the victim, and by deceiving the victim from May 7, 2012 to February 2, 2013, the Defendant received a total of KRW 377,712,100 under the name of investment as shown in Appendix I, as shown in Appendix I.

2. On May 1, 2012, the Defendant against the victim D is engaging in the business of exporting the victim D's cell phone to Vietnam at the mutual influence restaurant located in the Gyeonggi-si, Gwangju-si, and the victim D.

If an investment is made every day due to a business that makes daily profits and settle accounts, the following day's profits shall be paid.

“.....”

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