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(영문) 서울서부지방법원 2013.04.10 2011고단2396

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2010, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Seoul Western District Court, which was sentenced to a suspended sentence of three years on February 26, 2010.

In fact, the Defendant, a company, the substance of which is unclear, has no intention or ability to recover the principal and interest of investment, even if attracting investment funds to the said company, and, if inducing investment funds using a multi-level method on the condition of paying high-amount investment profits and allowances to the investment, he was aware that the multi-level collapses and thus making it impossible to return the principal and interest of investment.

On December 14, 2007, at the defendant's office located in the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government E-building, the defendant made a false statement to the victim F, "The defendant shall pay the amount of investment of KRW 1,100,000 per unit of the D Company in the United States as a member of the D Company in the United States, and shall pay KRW 80,000 per share of the paid principal for 40 weeks thereafter, and shall guarantee the high-income confirmation interest rate equivalent to 320% per share of the paid principal for 40 weeks thereafter. When a member attracts a new investment, 10% of the new investment amount shall be paid as an investment attraction recommendation allowance."

As above, the Defendant, by deceiving the Victim F and received a total of KRW 4,000,000 from the Victim F to May 2008, 2008 from the Victim F, and in the above manner, received KRW 6,000,000 in total from the Victim G over several occasions from January 14, 2008 to March 2008, and acquired KRW 5,000,000 in total from the Victim H during several times from January 2008 to April 2008, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in G and F in the second trial records;

1. Statement made by I and H in the third protocol of the trial;

1. The suspect A and the complainants shall be deposited in the investigation report.