beta
(영문) 청주지방법원 2017.06.22 2016고단2879

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment on April 1, 2010 with labor for fraud, etc. at the Ulsan District Court on April 1, 2010, and completed the execution of the sentence at the Ggnet prison on July 13, 2013. < Amended by Act No. 11904, Jul. 13, 2013>

[Criminal facts]

1. On July 12, 2014, the fraud Defendant may see profits to the victim D in the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for sale when the price rise due to the lack of demand by the victims of the purchase of agricultural and livestock products at low prices.

If the investment of KRW 10 million is made, 3 million won will be paid at premium, and the profits will be paid for 20 million won per week, which is 20% of the investment.

A new investor made a false statement stating that he/she will pay 6% of the investment amount as an allowance.

However, in fact, the company G merely did not have any substance and did not generate operating profits because the Defendant did not engage in rice wholesale business, and only could receive profits from the investors in the form of a “return prohibition” to return profits again with the money received from the investors, and even if receiving investments from the victims, there was no intent or ability to pay high-rate dividends or interest along with the principal.

Nevertheless, the Defendant, on the same day, has contributed to the damage, KRW 10 million for the same day on the same day, KRW 2 million on the 24th of the same month, KRW 40 million on the 25th of the same month, KRW 10 million on the 30th of the same month, and KRW 30 million on the 30th of the same month; and

8.1. 3 million won, and the same year;

8. The sum of KRW 75 million was provided from December 12, 2015 to August 3, 2015, as well as the sum of KRW 2,814,936,00,00 from the victims following the indictment of modification of indictment of KRW 2,798,236,00,00 as shown in the attached Table 1 for the crime committed during the period from January 21, 2015 to April 15, 2015. However, it is a clerical error in the calculation.