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(영문) 서울중앙지방법원 2018.04.26 2016고단9314

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, as the head of the Gangnam-gu Seoul Metropolitan Government branch office, was in charge of managing members recruitment and branch offices. C Cooperatives did not have any profit from the sales business with respect to the money invested by members and the goods sold by the cooperative. As such, even if the Defendant sold gold products to the victim, there was no way to pay the agreed dividends. As such, the method of paying the principal, dividends, and various allowances to the union members with the money invested and the amount invested from other union members would have to take the method of repaying the principal, dividends, and all kinds of allowances to the union members in consecutive order, and ultimately, even if the Plaintiff’s gold products are sold to the victim, there was no intention or ability to pay the dividend agreed with the principal even if the Plaintiff sold the gold products.

Nevertheless, on August 29, 2014, the Defendant paid dividends of KRW 5,250,000,000 in total once 35 times every 1,50,000 won if he/she purchased 10,000 won of gold products sold by the C Cooperatives from the Gangnam branch of the said C Cooperatives to the victim D, and the recommended person shall be paid the recommended dividends once.

“Along with the intention of purchasing gold products,” a person was urged to buy gold 100 money at the same time from the injured party, and the person was transferred KRW 23 million to the deposit account in the name of E at that time from that time, and was transferred KRW 30,9 million in total on three occasions from that time to October 1, 2014, as shown in the list of crimes in the attached list of crimes.

2. Any person who violates the Act on the Regulation of Similar Receiving Acts shall be prohibited from running a business of importing contributions under an agreement with many and unspecified persons for payment of the total amount of contributions in the future without obtaining any authorization or permission, making any registration or report, etc.;