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(영문) 서울중앙지방법원 2017.10.25 2017고단400

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

1. The Defendants, on August 2015, left a lot of profits from the victim I and J in the “H” coffee chain located in Seocho-gu Seoul, Seocho-gu, Seoul.

In the event of an investment of KRW 100 million, the purport was that the sum of KRW 3.1 million in total shall be paid in 40 million every day except for weekends as profits.

However, in fact, the Defendants did not engage in the above-mentioned distribution business, and there was a plan to pay profits to the victims by the method of receiving similar investments from the investors to pay the profits of other investors. In order to pay the above high-rate profits, the first priority investment would have to be appropriated for the repayment of the principal and interest of the senior investment, and therefore, it would be difficult for the victims to pay the principal and interest of the investment.

Defendants are victims I and J as investments, and a sum of KRW 100,000,000 (I:70,000,000,000,000,000) around August 26, 2016; and

9. 22. A total of KRW 100 million (I: KRW 30 million, J’s amount of investment: KRW 70 million) was remitted.

As a result, the Defendants conspired to induce victims to receive goods.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall agree to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization from the authorities, etc., and shall engage in “other similar receiving act” that imports money, etc. from many and unspecified persons for the purpose of making investments,

The Defendants, while soliciting an unspecified number of investors to invest in the above today's distribution business, agreed to pay the profits exceeding the investment amount to I and J as above, and imported the total amount of KRW 200 million from them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I, J, and K;

1. The certificate of borrowing;