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(영문) 서울중앙지방법원 2016.03.24 2015고단6570

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant is a person who served as the representative of (ju) E in the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government.

Defendant A serving as the chief of the headquarters of the above E;

F, along with F, intended to obtain money from many unspecified people by ice "project for the installation and operation of machinery extracted in China".

Therefore, Defendant and (State)E do not actually operate the above business, and there is no fact that sales and profits are generated through the above business, and even if they received investments from many investors, such as victims G, they did not have any plan or ability to create sales or profits by using the investment money. Therefore, in the end, Defendant and (State)E did not have to take a method of paying the total amount of investment or the amount in excess thereof to the existing investors by using the investment money attracting from the next-order investors. Under such business structure, as long as the new investors continuously increase in water supply, there was a situation where it is clearly anticipated that it would be difficult to pay high-rate allowances agreed upon to the investors, such as the above G, so there was no intent or ability to pay the agreed high-rate profits to the investors.

Nevertheless, around October 25, 2013, the Defendant and F et al. sent the victim G a type of string of the fifth floor office of the building near the hill station located in Gangnam-gu Seoul Metropolitan Government to the Chinese market after sending the type of string in the domestic market and then operating the type of string project.

If our company deposits KRW 10 million with 30,000,000,000 per day, 4% per day for 30 days, excluding Saturdays and holidays, were to return the principal and interest interest amounting to 12,00,000 won (120% of the investment amount) on 30,000 per day. It received a total of KRW 38,00,000,000 from the said G through the agricultural bank account in the name of H around October 30, 2013.