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(영문) 의정부지방법원 2021.03.24 2020고단6230
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On July 10, 2020, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court on July 18, 2020 and the judgment became final and conclusive on July 18, 2020.

[2] The Defendant, around July 2018, found investors to open a cosmetic to the victim B at a restaurant where the trade name in the B-dong of Dobong-gu Seoul Metropolitan Government is unknown.

When lending KRW 30,000,000, each month, the interest of KRW 600,000 shall be paid, and when attracting investment funds, the false statement was made.

However, the Defendant merely intended to use the cosmetic employees’ benefits, operating expenses, etc. even if he/she received money from the injured party because the fund conditions of the cosmetic operated in Korea are not good, and did not intend to use the money as expenses for opening the cosmetic in Vietnam. The Defendant did not have any intent or ability to repay the money borrowed from the injured party due to the absence of any particular asset.

On July 11, 2018, the Defendant received 30,000 won from the damaged party to the national bank account in the name of the Defendant under the name of the Defendant as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant, along with the victim C and the victim D, is a person in charge of fund management, including “F” located in the Jung-gu Seoul Metropolitan Government E, “F” located in the second floor, “Seoul Jongno-gu G, and “I” located in H, and two persons, other than the victim C, who are in charge of fund management, including the sales price of the above cosmetic, while running the business as well as the two persons, other than the victim C, and the Seoul Seongdong-gu J and K” 1 located in the first floor.

around August 11, 2015, the Defendant voluntarily consumed KRW 101,679,483, total sales amount of each beauty room for private purposes, as indicated in the attached list of crimes, from around 2018 to November 5, 2018, as seen in the following: (a) the Defendant withdrawn KRW 100,000,000 from the sales amount of the said beauty room under the occupational storage as “involuntary payment of employee’s benefits”; and (b) voluntarily consumed the goods of the victims for private purposes.

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