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(영문) 서울중앙지방법원 2020.09.09 2020고단3585

사기

Text

[Defendant A and C] Defendants shall be punished by imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Dispute Resolution and the defendant C is working in the Dispute Resolution and has been in charge of the management of funds and the raising of investors, and the defendant B is in charge of the role of investor recruitment in the Dispute Resolution Resolution D.

1. On October 7, 2010, the Defendants conspired with the victim E to make a false statement to the victim E at the (State) D office located in the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City F, stating that “On the other hand, our company will pay 140% of its investments every 300,000 won if it invests money in the company making the fund at the end of Jeju-do.”

However, the Defendants did not intend to pay 140% of the investment money even if they received the investment money from the victims because there was no fact that the Defendants made the fund with the horses in Jeju-do, and such plan was not finalized.

As a result, around October 8, 2010, the Defendants conspired to induce the victim and received KRW 7,200,000 from the Defendant’s Japanese bank account (Account Number: G) and received KRW 19,80,000 from October 27, 2010 as stated in attached Table 1.

2. On September 1, 2010, the Defendants conspireded with the victim H to make a false statement to the victim H at the (State) D office located in the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City F, stating that “On the other hand, our company will pay 140% of its investments every 300,000 won to the company making the fund at the end of Jeju-do.”

However, the Defendants did not have any intention or ability to pay 140% of the investment money even if they received the investment money from the victims because they did not have made a fund with the speech of Jeju-do and such plan has not been finalized.

As a result, the Defendants conspired to induce the victim as above and received KRW 9,306,00 from the Japanese bank account (Account Number: G) around September 1, 2010 from the victim, and the Defendants received KRW 9,306,00 from the victim, and attached Table 2. from that time until November 3, 2010.