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(영문) 서울중앙지방법원 2017.11.03 2017고단4096

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

except that the defendant AC shall be subject to this.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on April 17, 2015, and the execution of the sentence was terminated at the Seoul Detention Center on January 7, 2016.

[2] Defendant A requested Defendant A, a representative director of LA, a corporation, which was known to investors, to attract investment funds, to seek for a corporation necessary for receiving investment funds, and Defendant AC, upon receipt of the above request, registered Defendant A as a company director of the said corporation on April 15, 2016, and Defendant A conspired to attract investment funds by taking charge of the overall business explanation, fund management, etc., and Defendant AC, upon receiving Defendant A’s instructions from Defendant A to take charge of fund management.

1. On May 2016, Defendant A has a benefit of KRW 1.5 million per day to the victim AM (M, 60 years of age) at L offices located in Gangnam-gu Seoul Metropolitan Government and the sixth floor around the end of May, 201 to the victim AM (M, f0 years of age).

A false statement was made to the effect that it would pay KRW 12,500,000 per share for five weeks each week if it invests KRW 10 million per share.

However, in fact, the Defendants did not have the intent or ability to pay the principal of the investment made by the victims and the proceeds of the investment because they did not intend to pay the principal of the investment made by the victims, since the Defendants were managing the money invested by the priority investors in the way of return, which was paid by the priority investors as the proceeds of the investment.

As above, the Defendants conspired to deception the victim AM and then receive KRW 8,00,00,00 from the Plaintiff’s bank account (N) around June 2, 2016, as well as receiving KRW 8,00,000 from the Plaintiff’s bank account (N) around June 2, 2016 from April 18, 2016 to July 29, 2016, and the list of crimes in attached Form 1.