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(영문) 서울중앙지방법원 2013.06.27 2013고합317

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for six years.

The defendant is an applicant for compensation of KRW 980,000,000, and the defendant is an applicant for compensation.

Reasons

Punishment of the crime

1. Around August 27, 2009, the Defendant made a false statement that “The victim AK (hereinafter “AK”) from the mutual infinite house located in Samsung-dong, Gangnam-gu, Seoul to invest in the entertainment performance planning project at the victim AK Co., Ltd. (hereinafter “AK”), and the investment in the project is 3% of the monthly investment amount and the principal will be repaid upon the completion of the performance.”

However, at the time, the Defendant received money from other investors in the second half of 2009 and incurred total loss, and incurred losses thereafter. The Defendant used the investment money in the way of so-called “reshion” in which the principal of the investment and the profit was paid to the investors first invested in the last month due to the above losses, and even if receiving money from the victim, there was no intention or ability to repay the principal, as agreed upon by the victim.

On August 27, 2009, the Defendant received 6 million won from the victim AJ to the national bank account in the name of AK on August 27, 2009, from that time, and acquired 30 million won in total over 93,9399,00 won, such as the attached list I, from September 29, 201.

As indicated in Appendix II through IV, the Defendant, by deceiving the victims by the aforementioned methods, by deceiving them, and by deceiving the victims from the victims E during 24 times from March 29, 201 to November 8, 201, the sum of KRW 980,000,000 from the victims AA to November 9, 2011, and KRW 52,00,000,000 won in total from the victims AA during 28 times from September 8, 2010 to November 9, 2011; and by deceiving the victims from the victims AG 18 times in total from May 18, 201 to November 4, 2011; and by deceiving the victims 45,50,000 won in each of the above methods as described in Appendix V, as described in the attached Table V, from February 17, 2017 to December 15, 2015, respectively.