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(영문) 울산지방법원 2015.11.11 2015고단1354
사기
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall obtain money from the applicant for compensation 218,750,000 won and shall do so.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court for fraud, etc. and completed the execution of the sentence in the Daegu Prison on August 26, 2014.

The Defendant, “2015 Highest 1354,” as a cosmetics dealer, accumulated the debt according to the business depression, led to resolving the situation in the form of so-called “fluoring” in which the business is carried out by raising the third party’s funds in sequence.

Accordingly, the defendant scam with the victim C who was known to the general public on the ground that he purchased a false cosmetic on the ground of the Chinese importer D of processing, and tried to obtain the price by pretending that he/she would provide the victim with the cosmetic normally.

On April 24, 2015, the Defendant supplied 17 kinds of cosmetics, such as Korean “F” cosmetics, etc., to the victim at the G bank (Account Number: H) bank in the name of the Defendant, which is the mother of the victim, in the Nam-gu, Ulsan-gu, Ulsan-gu, “F” shop. The Defendant paid the price in advance to the victim. The Defendant received KRW 32,840,000 from the victim to the G bank (Account Number: H) account in the name of the Defendant.

However, the above D had no intention or ability to supply cosmetics, even if the victim receives the payment of cosmetics from the victim, because the defendant was the third person in the possession of the cosmetics in order to let the victim purchase cosmetics, and the defendant was not able to supply cosmetics.

Ultimately, the Defendant received a total of KRW 254,230,000 from May 1, 2015, including the transfer of KRW 32,840,000 by deceiving the victim, from that time to May 1, 2015.

"2015 Highest 2351"

1. On March 30, 2015, the defrauded against the Victim I was the victim I at the “K office” office operated by the Defendant on the Nam-gu J 2nd of Ulsan-gu, Ulsan-gu, Seoul-gu.

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