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(영문) 대전지방법원 천안지원 2015.08.12 2015고합115
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 27, 2012, the defendant was sentenced to four years in Busan District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on October 25, 2012.

From around 2009, the Defendant was engaged in fishery products distribution business, such as d market center located in Seo-gu, Busan, in the name of E.

The Defendant mainly received investment from other persons and sold fishery products, such as calcry from a large-scale importer of fishery products, to intermediate wholesalers, sold profits from the investment principal to return them to investors by adding profits to the investment principal. As the financial situation worsens later, the Defendant received the investment money from a person who made an investment first with the investment money from the person who received the investment money, and he thought that he has an ability by using a device.

1. Around December 2011, the Defendant made a false statement to the effect that “Around the end of Busan, Seo-gu and 803, the representative director of the victim FF corporation would make an investment of KRW 1.3 billion in E from the Seoul, Gangnam-gu, Seoul, to H, the representative director of the victim company, at the office of the victim FF corporation located in Seo-gu G and 803. In so doing, the Defendant made a false statement to the effect that “I would make a settlement of the amount of KRW 1.3 billion in cash from the investment amount invested in the JF corporation.”

However, the fact did not have the intention or ability to pay the price even if it was supplied by the victim.

On January 2, 2012, the Defendant, by deceiving the victim as above, was supplied with 20,720,000 won owned by the victim by the victim. From that time, the Defendant was provided with misunderstandings equivalent to 633,008,000 won in total over 30 times from January 4, 2012, as shown in the annexed crime list, and acquired the same amount of pecuniary benefits by failing to pay the said amount.

2. Paragraph 1. The Defendant against the victim I is guilty.

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