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(영문) 서울중앙지방법원 2017.11.23 2017고단3304
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 17, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant is engaged in trade business importing and selling famous bags in Italy for about 10 years in the Republic of Korea. However, at the time of importation as the seller is certain, he/she can immediately sell and earn profits of 3-4 times the amount of investment. In the event of investment of KRW 50 million in the initial fund in the business process, he/she imports borrowed goods using this investment fund and imports borrowed goods, and sells responsible proceeds by dividing them.”

However, on July 12, 2012, the Defendant was prosecuted for a crime of fraud with the Seoul Central District Court on July 12, 2012, and the detention warrant was issued due to his/her failure to appear in the trial, and the Defendant failed to secure the sales place of the goods. As such, even if he/she received money from the damaged party, he/she did not have the intent or ability to sell the goods normally.

The Defendant, from June 17, 2014 to July 29, 2014, entered the facts charged in the facts charged, but did not interfere with the Defendant’s right of defense. Therefore, the date of remittance added to the date of remittance.

It received 45 million won from the foreign exchange bank account under the name of Spapa-gu Co., Ltd., and 10 million won from the foreign exchange bank account under D's name.

Accordingly, the defendant was given money by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness C, E, and F;

1. Statement of the part of the defendant's statement in the protocol of interrogation of the suspect against the defendant (including the part concerning the C substitute and the part concerning the F telephone statement);

1. Each police statement protocol with respect to E and C;

1. C Complaints;

1. Details of equipment for withdrawal, request for funds, details of goods, expansion of import declaration, certificate of transfer confirmation, investment contract, and import goods;

1. An investigation report (Attachment of suspect A-related written rulings), an investigation report (related to the details of entry and departure of a suspect), an investigation report (H telephone conversations with the former president), and a criminal investigation report (number of criminal suspects at the time of committing the crime).

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