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(영문) 수원지방법원 성남지원 2017.02.23 2016고단958

사기등

Text

Defendant

A and B shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2016 large group 958] The Defendants are those who manage the business of the K and the K and the K, L and M as the operators of the K and the K and the K in charge of managing the investment fund through the investment explanation meeting of the above company, and they are those who registered as the representative director of the above company and promised to receive profits from the Defendants, and they hold an investment explanation meeting against the investors who recruited the above recruitment books in the K and the K in the 2nd floor of Seoul Special Metropolitan City, Gwanak-gu P and the K in the K and the K in charge of the K in charge of managing the investment fund, and they are those who registered as the representative director of the above company and agreed to receive profits from the Defendants. The Defendants gathered to receive investment funds under the pretext of investment funds by holding an investment explanation meeting against the investors who were recruited by the above recruitment books in the H and the K in the office of the K in charge of the K in charge of the K and the 2nd floor around January 2015.

1. On February 28, 2015, the Defendants were operating the instant tax system to the victim Q in the said HH office.

If an automation facility is installed, the amount of production can be increased, and 20% of the amount of investment will be paid as dividends with profits generated by making an investment in the facility (payment of KRW 30,000 to KRW 40,000), and 18% of the amount of investment will be paid as a recruitment allowance if it is for investors.

The phrase “ makes a false statement.”

However, even if the Defendants received an investment from the damaged party, they did not have any intent or ability to produce, sell, or sell goods by investing them in the automation facility of H H factory, and the Defendants’ business method was to invite other investors after receiving the investment money from the damaged party, and to pay the profits to the injured party with the new investment money. As such, insofar as the investors do not continuously increase, the structure was that the profits initially promised to be paid to the investors was impossible. Therefore, the Defendants did not have any intent or ability to make the said profits to the injured party.