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(영문) 서울남부지방법원 2020.06.05 2019고합484
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim B while working as the clothing store in Jung-gu Seoul, Jung-gu, Seoul, from May 2010 to November 2017, 2017, in the manner of lending money from other persons in order to repay the Defendant’s personal debt, and then lending the money to the victim B, who became aware of in the parent group, would be able to guarantee a considerable profit by selling the clothing and selling the clothing if he/she borrowed money from the victim, and then want to acquire money from the victim continuously by deceiving the victim as if the Defendant would have done the clothing sales business in a way that he/she immediately repaid the principal and the profits.

On February 2, 2017, the Defendant made a false statement to the G king located in Guro-gu Seoul Special Metropolitan City F, stating, “The Defendant purchased goods at the price discounted by 30% to 40% during the period of discount events at D department department C E stores, and then resells them to Chinese customers, a reasonable profit may be earned. The Defendant may guarantee, during the period of discount events, profits equivalent to 5% of the principal and resale amount if the lender is a lender, who can purchase funds to purchase the goods.”

However, even if the defendant receives investment money from the victim, he was only used to repay his personal debt and did not have the intent or ability to pay the principal and the profits to the victim with the proceeds obtained from the resale after purchasing the clothing.

On February 16, 2017, the Defendant, by deceiving the victim as above, received KRW 16,00,000 from the Hbank account (I) in the name of the Defendant from the victim, and received KRW 16,00,000 from that time to January 30, 2018, totaling KRW 43 times, as shown in the annexed Crime List (1).

2. To the injured party J.

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