(영문) 서울중앙지방법원 2019.08.12 2019고합221

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(영문) 서울중앙지방법원 2019.08.12 2019고합221

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim B stated that “If the Defendant, at a place where it is impossible to know the place on May 8, 2014, makes an investment to the victim, “if it is necessary to provide the victim with the equipment such as coffee machine, coffee-type machine, and ice ice ice machine while concurrently operating a coffee-type consulting business, the Defendant would give the victim a profit in proportion to the amount of the principal invested by selling the equipment such as the consulting benefit on coffee specialty and coffee machine and the principal invested in proportion to the period during which it uses the principal.”

However, in fact, the Defendant did not engage in the business such as coffee service by purchasing equipment such as coffee service related to coffee, and did not properly proceed with the business of coffee consulting, etc. The Defendant was unable to return the money received under the pretext of investment such as coffee service, etc. or part of the money paid by the victim to the victim as interest or profit, so there was no intention or ability to pay the victim the principal and high rate profits as well as the principal to the victim.

As above, the Defendant: (a) deceiving the victim and transferred KRW 3 million to the Cbank account in the name of the Defendant on the same day from the victim to May 29, 2018; (b) and (c) stated 239 times as shown in attached Table 1, as shown in attached Table 1, from around that time to June 21, 2019; (c) however, according to attached Table 1, according to the annexed Table 1, the number of remittances between the victim B and the Defendant to the Defendant, among the details of transactions between the victim B and the Defendant, is clearly 121 times; and (d) accordingly, this part is corrected by deeming that it is erroneous entry, and accordingly, the annual number of times as indicated in Table 1 is also revised.

It received a total of KRW 2.17 million throughout the session.

2. The victim D.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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