beta
(영문) 서울동부지방법원 2017.02.02 2016고단3107

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Some of the facts charged (including the attached Form) were corrected ex officio to the extent that it does not interfere with the defendant's defense right.

[criminal records] On October 11, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daegu District Court on May 6, 201, and the execution of the sentence was terminated at the Daegu District Court on May 6, 2014. On September 17, 2015, the Seoul East District Court sentenced imprisonment with prison labor for one year and six months and three years of suspended execution, and the judgment became final and conclusive on April 1, 2016.

[Criminal facts] The defendant is a person who operates C406 of Gwanak-gu in Seoul Special Metropolitan City and D 605 of Seoul Special Metropolitan City (ju) E.

1. Around October 2015, the Defendant: (a) told F, G, H, etc. in charge of the investment attraction work at each office of F, G, and H, etc., that “The Defendant is going to invite investors on the condition that “to take over the (ju) production factory in the former Y-gun, and to produce and sell the right-to-face production factory in the former Y-gun, and to pay 20-50% of the principal and the amount of investment.”

However, in fact, the Defendant did not have the ability to take over the factory due to the absence of certain profits at the time, and in the situation where there is little possibility of profit-making because of the lack of specification of the old-age elderly demand project, the Defendant intended to operate the so-called “return” method that pays profits to other investors with the investment money received from investors. Therefore, the Defendant did not have the intent or ability to pay the principal and profits to the investors.

Nevertheless, on October 14, 2015, the Defendant would have F and G pay the victim I KRW 1.3 million to the victim I with the “F and G’s production plant in the former Sung-gun, Seoul Special Metropolitan City.” If the Defendant invested KRW 1,00,000,000,000 in operating capital necessary for the operation of the factory, the principal and the profits will be paid.

Having explained “the victim” and received KRW 1 million from the same day to the G one bank account in the name of G.

The Defendant includes this.