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(영문) 서울중앙지방법원 2017.07.20 2016고단8149
사기등
Text

Imprisonment with prison labor for each of the crimes listed in paragraph (1) of the judgment of the defendant, and for each of the crimes listed in paragraphs (2) and (3) of the judgment.

Reasons

Punishment of the crime

[criminal records] On November 14, 2003, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud, etc. at the Seoul District Court, and the above judgment became final and conclusive on November 22, 2003.

[Criminal facts]

1. Crimes related to victims C;

A. On April 2003, in the case of “E” store operated by the Defendant in Seocho-gu Seoul, Seocho-gu, Seoul, the defrauded C who reported and found the Defendant’s solicitation of investors on the Internet. “The victim C, who attempted to directly purchase, and sell, printed items in a foreign country, such as this Ri, etc., and attempted to directly purchase and sell them at the store, is likely to have a large amount of alcoholic beverage 30% profits.

When investing in the purchase price of clothes, 15 to 20% of the investment amount will be paid as monthly profits.

The phrase “ makes a false statement.”

However, in fact, while the Defendant was liable for debts exceeding KRW 100 million at the time, the net profit compared to the sales amount of the said E retail was rarely generated, and even if receiving money from the injured party, it was thought that it was used for personal debt repayment, not as the purchase price of goods for overseas life, and there was no intention or ability to pay the profits as agreed upon by the injured party.

The defendant deceivings the victim as above and was delivered as a check the sum of KRW 30 million around May 7, 2003, and KRW 20 million around September of the same month by the victim.

B. After the receipt of the foregoing investment money, the Defendant believed the existence of the lease deposit in a case where: (a) the said C, by forging the lease agreement on the said “E” store; (b) pretending the existence of the lease deposit; and (c) the said C, in a case where the business progress is well known to the public, he had the intent to return the investment money with the lease deposit for the “E” store.

On May 2003, the Defendant: “Seoul Seocho-gu,” and “Seoul, Seocho-gu D” in the column for the location of the site for the real estate lease contract purchased from the Dongdaemun-gu store without authority at the above E store.

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