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(영문) 광주지방법원 2014.08.21 2013고단5393
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 2010, the Defendant made a false statement to the victim E, who is a staff member of the Dmama branch in Seo-gu, Gwangju, that “F(F) of manufacturing and selling natural cosmetics. To bring the branch in Gwangju, the Defendant made a false statement to the effect that he/she would give the total sales right of KRW 50,000,000,000 imported from China to the Blood Office (China Nowon-gun), particularly KRW 18,00,000,000.”

However, at the time, the Defendant merely carried the sampling of the above blood administration system into an individual and did not have confirmed or proceeded with the importation of the blood administration product. Since there was no funds to purchase the above blood administration product, there was no intention or ability to reduce the total sales right of the wood administration area even if the Defendant received money from the victim.

On August 31, 2010, the Defendant, by deceiving the victim, received 6 million won from the victim to the Japanese bank account (G) around August 31, 2010, and, on the same day, deposited 12 million won to the new bank account under the name of the victim (H) on the same day, received delivery of KRW 18 million in total, such as using the passbook, check card, and password under the above account.

"2014 Highest 1031"

1. Around September 2010, the Defendant introduced the victim I as the Chairperson K of F (State) who sells natural cosmetics to the victim I at the F (State) office located in the Seoul Northern Building in Gwangju Northern-gu, Gwangju, and subsequently made a false statement to the effect that “The amount of KRW 3-500 million was incurred in importing the “No-Military Mano-gun (B)” in China, and some of them fall short of the amount. However, when investing KRW 50 million, the Defendant made a false statement to the effect that the Defendant would pay dividends by calculating the amount of KRW 200 per 1 month after he/she imported the Trade Name of Gwangju and the Trade Name of the Republic of Korea.”

However, in fact, the defendant merely has taken the sample of the above blood administration system into personal possession, did not have confirmed or proceeded with the import of the blood administration system, and used the victim's investment money to repay the existing debt.

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