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(영문) 대구지방법원 2014.01.09 2013고단5076
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 17, 2010, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and on June 9, 2011, the Defendant completed the enforcement of the said sentence at the Clean Correctional Institution.

1. On February 2013, the Defendant: (a) sold C company cosmetics to 34 countries around the world; (b) was not yet sold in Japan and France. At this time, Japan developed a market to sell C company cosmetics. In order to sell cosmetics, the Defendant paid a minimum of 5% and a maximum of 15% profit to sell cosmetics, and the principal amount would be absolutely guaranteed.

However, the defendant did not have a specific plan to operate the shopping mall for the sale of cosmetics in Japan, and C was merely an illegal multi-level marketing business under the registration of door-to-door sales business, and even if the defendant received an investment from the victim, he did not have any intent or ability to pay profits or guarantee the principal.

In addition, the defendant did not have the ability to return the investment money to the victim or to guarantee the principal because the personal debt was over KRW 200 million at the time.

Nevertheless, as above, the Defendant, by deceiving the victim, received 70,80,000 won from the victim to the head of the Tong on May 29, 2013, from that time, received total of 29,942,200 won from 29,00 won, such as the list of crimes, from May 29, 2013.

2. On July 3, 2013, the Defendant: (a) reported the advertisement on the Internet Ek-ROM, stating that the Defendant sold the CD-ROMs to the victim F, who called “I sell the CD-ROMs;” and (b) sent 4.5 million won to the Daegu Bank Account, selling the 20-day CDs to the victim F.

However, since the defendant did not possess things, money from the victim is money.

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