beta
(영문) 광주지방법원 2015.07.08 2014고단4069

사기등

Text

Defendant

Imprisonment with prison labor for A, for a term of two years, for a term of one year and six months, for Defendant C and D.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C operated an investment company with the mutual name “J” on the first floor and fifth floor of the Seo-gu I building in Gwangju, Seo-gu, from December 15, 2012 to June 2013.

Defendant

From the end of June 2013 to July 11, 2014, A and Defendant D operated an investment company with the trade name of “J company” and “K Cooperatives” from the first floor and the fifth floor of the said I building, and from July 12, 2014, the company was operated with the trade name of “K Cooperatives” from the Southern-gu L, the second floor, and the third floor of Gwangju-gu L, the second floor, and the third floor from the end of July 2014.

1. Fraud;

A. Defendant A and Defendant B conspired with the Defendants to commit the joint crime, and around January 18, 2013, at the “J company” office located on the first and fifth floor of the said I building; Defendant A may bring 40-80% profit of the investment principal every month to the victim M&(n, 54 years old); and Defendant A did not appear to have made an investment to the purport that “I would like to bring about a 15-% profit of the investment principal every month to the investors, even if the 15-% profit per month is not distributed, since the 13-month profit was collected from the investment principal, and the 13-month “I would be able to make a continuous profit if I would have paid the remaining amount of profit.” Defendant B did not appear to have made an investment to the purport that “I would like to show the details of the sales of the virtual account prepared as if I would have made a lot of profit to the victim.”

However, in fact, it is impossible to pay monthly fixed profits through the FXE transactions, and there was a high possibility of losses, so even if the principal cannot be guaranteed, there was no intention or ability to pay agreed profits with respect to the investment money even if the investment money was received from the victim.

As above, the Defendants deceiving the victim and deceiving it from the victim on January 18, 2013, KRW 12,000,000, around January 23, 2013, KRW 17,000,000, and January 29, 2013. < Amended by Act No. 11614, Jan. 29, 2013>