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(영문) 서울중앙지방법원 2015.12.23 2014고정2789

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the D Co., Ltd. (hereinafter referred to as "D"), the purpose of which is to provide corporate management advice in Seocho-gu Seoul Metropolitan Government.

The Defendant, along with F, G, etc., the actual operator of E Co., Ltd. (hereinafter referred to as “E”), who is another fund-raising company, is F, D’s representative director, G, etc., and Damon Co., Ltd. (hereinafter referred to as “Dadomon”) established and operated E and D, as E and D’s shares decline due to statutory management, and upon completing the construction of E and operation of E, etc., the Defendant intended to acquire money by deceiving it as if it purchased Damon stocks and received investment money from an unspecified number of investors through D, the same fund-raising company (hereinafter referred to as “MOU,”).

1. On May 23, 2007, the Defendant, along with F, G, etc., made a false statement to the victim I (the age of 49) via H that “E entered into a IM with the acquisition of a franchise-type business entity that is a multi-mon-type business entity located in Thailand. If an investment in the multimon stocks is made, 3-10 times the investment amount may be refunded, and if an investor is recruited, 5-40% of the investment amount will be paid.”

However, the Defendant, along with F, established E and D with no capital in order to take over the Dmon, must take over the Dmon by arranging 4 billion won of the Dmon’s debt. As such, 4 billion won of the Dmon’s debt has to be invested in a short time and arranging the debt of Dmon at a time, and the equivalent amount has to be taken over, but as above, the investment should be paid at the time of attracting the investment, and the Defendant’s office’s expenses such as the Defendant’s allowance should be covered with the investment fund. Furthermore, in the event of attracting investment through D, E calculates the price per share of D as 60 won, not 1,200 won.