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(영문) 서울중앙지방법원 2018.10.18 2017고단5980

사기등

Text

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 6 months, Defendant C's imprisonment of 10 months and Defendant D's imprisonment of 6 months.

Reasons

Punishment of the crime

[criminal record] On November 23, 2017, Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, two years of suspended sentence, and the judgment became final and conclusive on December 1, 2017. Defendant B was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Seoul High Court on December 1, 2015, and the judgment became final and conclusive on December 9, 2015. Defendant C was sentenced to one year and six years of imprisonment for a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court on July 7, 2017, and two years of suspended sentence, and Defendant D was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on November 19, 2015, and the judgment became final and conclusive on December 16, 2015.

[Criminal facts]

1. Defendant A

A. On July 2013, 2013, the Defendant, along with F, is running a business in which the Defendant, at the Seocho-gu Seoul Police Officer’s Seocho-gu Office of Defendant, F’s office (ju), the Victim E, I, and J, purchased high-priced country-spacing anti-spacifics and anti-spacifics.

The purport was that the investment in the above project would make a profit equivalent to 120% of the principal by paying 30% of the annual investment amount.

However, the defendant and the F did not have the intent or ability to pay the above profits to the victims by conducting the above high-priced trading business.

Defendant and F received KRW 6 million from the victim J on July 2013, 201, as stated in the list of offenses, from three victims, including the Defendant and F received KRW 87 million from the victim J on July 2013.

Accordingly, the defendant, in collusion with F, received property by deceiving victims.

(b) Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall make a full investment in the future from many and unspecified persons without obtaining authorization or permission, or making registration or report under the said Acts and subordinate statutes.