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(영문) 서울중앙지방법원 2016.11.30 2016고단6768

사기

Text

Defendants shall be punished by imprisonment for not more than two months.

Reasons

Punishment of the crime

[Criminal Justice] On April 6, 2016, Defendant B was sentenced to imprisonment with prison labor and six years for fraud, etc. at the Seoul Central District Court on August 20, 2016, and the said judgment became final and conclusive on August 20, 2016.

【Criminal Facts】

Defendant

A, as the president of the J and M(State), has overall control over the operation and supervision of the organization, and the defendant B, as the live-in partner of the defendant A, took charge of marketing design and business explanation for instructors and investors.

around August 2014, the Defendants recommended the victim BJ, etc., attending the briefing session, to the effect that “the victim BJ, etc., who is located in the second floor of the Nbuilding in Seoul Special Metropolitan City, will operate a franchise restaurant in a foreign country and promote an integrated transportation card business in a foreign country, and pay dividends with the proceeds therefrom. It is 50,000 won in a single unit, and if the investment of the seven unit is made, 9-10,000 won in 2 times a week until the principal reaches 200%.”

However, the main purpose of fact was to attract subordinate investors to pay dividends to senior investors with the investment money, and the business of a long-term franchise restaurant was to receive the said investment, so that the business was formally promoted to receive the said investment, and there was no actual profit, and the prospect was also unclear, and the integrated transportation card business was not promoted, so it was not possible to pay dividends with the operating profit of the business in question.

From August 2014, the Defendants: (a) conspireded the victims to deception and received KRW 4,850,000 in cash from the victims; and (b) by deceiving the victims in the same manner as that of cash around August 2014; and (c) obtained KRW 4,850,000 from the Victim BK by means of credit settlement; and (d) obtained KRW 3,850,000 from the Victim BL by an irregular means around August 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer with regard to BM;

1. The phone of the complainant.