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(영문) 서울중앙지방법원 2016.10.26 2016고단3086

사기등

Text

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

Reasons

Punishment of the crime

1. The Defendant is a representative director of the company E in Dongjak-gu Seoul Metropolitan Government D from August 25, 2015, who is operating the said company.

On September 10, 2015, the Defendant stated that “The victim F will pay 10% of the sales amount to the E office of the Co., Ltd. for every 100,000 won (20% of the investment amount) every 10,000 won when investing KRW 100,000 per Han-gu, and pay 10% of the business operator’s sales amount as the introduction allowance if introducing other investors.”

However, in fact, E did not have the total right to purchase the above G power plant, from June 2015, there was no single business performance in relation to G power plant from around June 2015, and there was no separate business fund or profit-making business. Accordingly, in the end, it was inevitable to take a method of repaying the total amount or the excess amount to the existing investors in consecutive order by using investment funds attracting from subordinated investors (i.e., a continuous “recovering”). Under such business structure, unless the new investors continuously increase in water supply, it is clearly anticipated that the fixed rate allowance agreed upon to the investors should not be paid. Accordingly, the Defendant did not have any intent or ability to pay the agreed high rate profit to many investors, including the victim.

Around September 17, 2015, the Defendant, by deceiving the victim as above, received KRW 29 million from the victim to the Nonghyup Bank account (I) in the H’s name, and obtained KRW 29 million from August 14, 2015 to September 23, 2015 in the same manner as indicated in the attached crime list in the same manner, and acquired a total of KRW 833,000,000 from KRW 840,000,000 from September 23, 2015.

2. Any person who obtains authorization or reports under other Acts and subordinate statutes;