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(영문) 서울남부지방법원 2017.02.07 2016고단3207

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a financial skin company under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government C Building 331 D.

1. The Defendant, at the above D office around May 11, 2014, made an investment of the victim E in one unit of red bean (F) at the auction site of red bean (F), he/she may receive 10% per month payment in cash, and change or re-investment in cash, and upon recruiting other investors, he/she would receive 1,800 dollars per red bean (30,000 won per red bean KRW 2.470 won per one unit of recommendation) and then recommend another person who has joined the recommendation by the person who has joined the recommendation.

The principal can be claimed within one year if it is late from 5 to 6 months.

“A false statement” was made.

However, in fact, the above Hong Congo auction site did not have profits, and it was a financial respondent that continuously pays profits to senior investors by using investment funds held by senior investors after having been made profits, and if a new investor is not induced, it is impossible to pay the agreed profits and principal to existing investors. Therefore, there was no intention or ability to pay high-rate profits to investors.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 11,50,000 from the national bank account under the name of the Defendant for the purpose of investment funds from the victim, and received KRW 11,50,000 from the victim, and received KRW 383,650,000 in total from around that time until November 28, 2014, as well as from 1 through 6,9 through 11.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall receive contributions from many and unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining any authorization or permission, making any registration or report, etc.;

Nevertheless, it is not appropriate.