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(영문) 대구지방법원 2018.10.25 2018고단3515

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 3515] On November 2015, the Defendant became aware of the victim C through the “Faceok (SNS)”, a social network (SNS), and developed the message to the Kakao Stockholm and to the nearest.

On January 15, 2016, the Defendant: (a) around January 15, 2016, “The Defendant is engaged in the business of delivering and selling the belief that he/she has created; (b) making profits is reasonable; and (c) making investments in KRW 25 million, 10% of the monthly investments will be made profits.

“A false statement” was made.

However, from October 26, 2015 to “D”, the Defendant had been in the early stage of starting a business at the time, and thus, it was not possible to determine the nature of the above business. Moreover, since the Defendant received investment money from the damaged party, the Defendant is a company that is operated by the method of receiving the investment money from “D” as the method of paying a certain daily allowance according to the subscription fee paid by each member (a similar recipient company). In order to receive an allowance continuously from the company, the Defendant is required to pay a certain amount of money every 10 days in addition to the amount of money to be paid every 10 days from the above company as a member, and received an allowance every 21 million won from the Defendant India company as a member, but most of the allowances received were used as living expenses, and thus, the amount to be paid in addition to the amount of money to be paid every 10 days from the Defendant’s “D” to be used as profits from the members or used as additional funds to be paid to the “investment” company in a way similar to the “investment”).