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(영문) 대구지방법원 2019.01.24 2017고단3593 (1)

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On August 1, 2016, the Defendant was sentenced to a suspended sentence of 8 months for criminal fraud at the Seo-gu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on January 20, 2017.

【Criminal Facts of Crimes】 The representative director of the LAB, a corporation, established for the purpose of electronic commerce transaction business, etc., and C, “D”, shall be a person who has operated a mobile phone terminal sales store in one’s trade name, shall obtain money from victims E as investment money, and after establishing G in Daegu-gu F on October 16, 2014, C shall be a representative director, and the Defendant shall be a director.

Around September 2014, the Defendant recommended the victim to make an investment “I” located in Daegu-gu, Daegu-gu, to “A” that “A shall have access fees when accessing another radio operator’s circuits. There are “A” to receive access fees arising from the process of transmitting letters from J to K from J under a contract with the J, and the project was already established through an enterprise with technology to build a system, and profits are generated if only funds are invested without any risk. If a project that may generate net profits of KRW 63 million per month is invested, profits will be repaid from the principal of the investment, and after all repayment of the investment principal, KRW 40 million per month will be paid as profits.” “A shall also be bound to make an investment in half of the investment amount.”

However, in fact, the business promoted by the Defendant and C was developing the display system which is sent by textication through smartphones, and it was difficult for unspecified general public to develop the relevant display system at the time as a business that can receive access fees from radio operators when they use it. Even if such a display system is developed, users and number of access can not be predicted.