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(영문) 서울중앙지방법원 2019.01.11 2017고단6649

사기등

Text

Defendants shall be punished by imprisonment for eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 14, 2016, Defendant A (criminal record) was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Gwangju District Court on October 19, 2017, and the judgment became final and conclusive on January 19, 2017.

【Criminal Facts】

D은 서울 강남구에 있는 ‘E’의 대표이사이고, 피고인은 위 ‘E’의 부회장으로서, 피고인과 위 D은 위 ‘E’가 사실상 매출이 없음에도 물건을 덤핑으로 대량 판매하는 일명 ‘땡 처리’ 방식으로 수익을 올리는 건실한 회사인 것처럼 투자자들을 속여 투자금을 모집한 후 이를 편취하기로 공모하고, 피고인은 위 D에게 상위투자자(일명 센터장)를 소개시켜 주어 그 상위투자자들이 다시 인적 네트워크를 통해 하위투자자들을 모집하게 하는 소위 순환투자 방식을 소개하였다.

On July 2, 2015, the Defendant, in collusion with the foregoing D, recommended the victim G (n, 56 years of age) to make an investment on the eightth floor of the F building in Gangnam-gu Seoul Metropolitan Government, stating that “When investing in E, the Defendant would pay the profits every five times a week, and would pay the profits of 200% including the principal within a short time.”

However, in fact, E is not a sound company, but its management has been de facto suspended, and the defendant and D merely intended to pay dividends to subordinate investors in the way of one-day return to junior investors by inviting subordinate investors using a personal network of senior investors, and they did not have the intent or ability to pay dividends with profits by operating E as agreed to investors.

The Defendant, as such, by deceiving the victim and receiving from the victim, KRW 1.3 million in total five times from that time until July 23, 2015, including that he/she received KRW 1.3 million in the E’s account from the victim.

Defendant A [criminal records] at the Gwangju District Court on October 14, 2016.