(영문) 대전지방법원 2015.10.30 2014고합311

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(영문) 대전지방법원 2015.10.30 2014고합311

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] On June 2010, the Defendant stated that “A victim C, who was introduced through a branch, designs her clothes and sells them after being produced in the factory of China.” The Defendant imported KRW 3,000 and sold them at 20,000 at retail from the Internet shopping mall to 20,000 won, without any goods, is a good business for sale to the extent that it is impossible to sell them. In the event of wholesale, it is expected that a large profit will be expected, and if investment is made in 2 items with 15,00,000 won per new product, it will be added to 7-12% of the principal and interest with the invested principal and profit after one month.” From that time, the Defendant argued that the Defendant borrowed money from the victim is not a loan, but a loan made by the victim. In full view of the evidence below, the Defendant’s assertion that the amount paid by the victim to the Defendant can be seen as a correction of the criminal facts.

(However, considering the following circumstances, the facts charged of this case where the Defendant, even if the Defendant was a loan of money received from the victim, could be found guilty of the Defendant by deceiving the victim). In doing so, interest was paid after selling clothes.

【Criminal Facts】

On January 12, 2012, the Defendant stated to the effect that the Defendant would lend money to the victim in accordance with the agreement because the business is normally being carried out by the victim.

A written application for Amendments to Bill of Indictment dated September 16, 2015 states that “a written application for Amendments to Bill of Indictment shall be prepared and shown, and shall be prepared and presented with a false book by manipulating specification of transactions.” However, the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant committed the above act at the same time, and there is no other evidence to acknowledge it. This part is not acceptable

However, it is true.

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