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(영문) 서울중앙지방법원 2018.05.03 2018고정704
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on May 11, 2017.

On July 7, 2015, the Defendant would assist the sale of cosmetics by attracting 30 million won to the victim F, who performs the business of visiting and selling functional cosmetics to improve the name of “E” at the D hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The phrase “ makes a false statement.”

However, the defendant did not have the ability or intent to attract investors even if he received activity expenses from the injured party, and not only thought that the activity expenses were used for personal purposes, not for attracting investors.

Nevertheless, the Defendant, on July 8, 2015, received from the injured party KRW 7 million from July 2015, KRW 6 million from July 28, 2015, KRW 5 million from July 31, 2015, KRW 3 million from July 31, 2015, and KRW 21 million from August 8, 2015 to the national bank account (G) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Account transactions;

1. Previous convictions: Inquiry about criminal history, application of Acts and subordinate statutes of the Seoul Central District Court (2015 High Court Decision 4840)

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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