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(영문) 수원지방법원 성남지원 2016.05.11 2015고단2366
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has engaged in the business of manufacturing and distributing children under the trade name of “C”.

1. On March 2013, the Defendant directly designs and produces a child uniform to the Victim D.

The market is being developed to some extent because it has self-production factories and continues to distribute child uniforms wholesale.

No principal loss shall be incurred, investment funds shall be used only for the production of products, and logistics expenses or advertising expenses shall be borne by C.

5% of the monthly investment amount shall be paid as fixed profits, and the principal of the investment shall be repaid after one year.

However, in fact, the Defendant did not have a factory more than the self-production method, and did not have a factory. After the commencement of the business around December 201, 201, approximately KRW 16 million in social money “E” did not have any special sales performance, and the distribution network or market was not secured, such as there was no intention or ability to pay the proceeds and the investment money. Thus, even if the Defendant paid the investment money from the injured party, it was used only for the production of the product, or did not have any intent or ability to pay the investment money according to the agreement.

Nevertheless, the defendant deceivings the victim as above and transferred 15 million won to the injured party as investment money around March 13, 2013.

2. On May 2013, the Defendant tried to keep the victim in custody by putting them in large quantities.

A false statement was made to the effect that the amount of 15 million won invested was to be paid was to purchase the warehouse site in the Changwon, to which 5% of each month was paid, and to which the principal of the investment was to be repaid after one year.

However, after receiving KRW 15 million from the injured party on March 2013, 2013, the payment of KRW 750,000 to the injured party on a fixed basis is made two times each time as business profit.

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