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(영문) 서울중앙지방법원 2018.05.01 2016고단9312 (1)

사기등

Text

Defendant

A Imprisonment with prison labor for three years, for one year and six months, for Defendant C, for eight months, and for Defendant D.

Reasons

Punishment of the crime

[2016 Highest 9312] Defendant A is the representative director of (ju) I established for the purpose of communication circulation, etc. Defendant B is the representative business operator of the above company, Defendant C is the head of the Chungcheong branch office of the above company.

1. The Defendants conspired with each other to commit the joint crime of the Defendants, from July 26, 2013 to June 16, 2014, in the place of the “I” office of the Gwanak-gu Seoul Special Metropolitan City J. 114 and 117, the victim K and other unspecified persons, including the victim K, collect investment funds to the extent of one billion won.

In order to make an investment, it shall be registered as an I member, and 150% of the investment amount shall be paid in the month without any loss of the principal, if the investment is made with 120,000 won, 600,000 won, 600,000 won, 12 million won, and 12 million won.

In addition, when a new member is recruited by being registered as I, 10% of the new member's rating costs shall be paid as recommended allowances, and "OM" shall be paid to I members, and "OM" shall be worth KRW 10,000 per unit, and it may be used in Internet shopping mall by paying one per day until 300% of the investment amount is 30%.

“False speech was made to the effect that it was “.”

However, in fact, there is no funds from China, and there is no choice but to take a way to repay the principal, profits, and various allowances to existing investors by using the investment funds attracting by the next-order investors, and eventually, the structure of not paying the agreed high rate profits and allowances, so long as the new investors are not induced continuously, there is no intention or ability to pay the victim the agreed principal, profits, and allowances.

The Defendants conspired in collusion with the Defendants to induce the Victim K to commit such act, and are in its jurisdiction from the Victim K to November 2013.