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(영문) 제주지방법원 2015.09.23 2014고단1005
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 2013, the Defendant made a false statement to the effect that “The Defendant would transfer 49% of the shares in the E Cosmetics store to the victim’s E Cosmetics in Mapo-gu, Seoul (the 47 years old), “The 30 million won in cash, and the 30 million won in cash if he/she invests in the total cosmetic.” The Defendant supplied the cosmetic supplied in Seoul to Jeju-do to the Round Association equivalent to 20 million won in Jeju-do, and the monthly sales are 20 million won in total, and the 30-40% in total sales are net income, and there is no existing investor, company liabilities, and personal liabilities.”

However, the fact is that the number of business partners who deliver cosmetics was 7 to 8, and monthly sales was 5 to 60 million won, and the relationship with the existing investors was also based on the relationship with the existing investors, and even if the defendant receives investment money from the victim, there was no intention or ability to pay the profit as stated above.

The Defendant, as such, by deceiving the victim, received a total of KRW 27,616,00 from around 10th of the same month to around 24th of the same month as investment money, and received a delivery of KRW 27,616,000 from around that time.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each legal statement of witness F and G;

1. Entry of witness D's legal statement in the fourth trial record;

1. A copy of a cash investment contract, a copy of a transport service contract, each loan certificate, a copy of a deposit certificate, a company introduction data, and details of passbook transactions;

1. As to the Defendant’s assertion of innocence, the Defendant did not make a false statement to the extent stated in the facts constituting a crime in the judgment of the Defendant, and the victim was engaged in the same industry and invested in the Jeju-do cosmetics business. After the completion of the same business relationship, the victim can be deemed to have recovered part of the investment money by taking the stock alone.

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