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(영문) 서울동부지방법원 2013.10.24 2013고단2150

사기

Text

Defendant

A Imprisonment for eight months, and for six months, with prison labor for defendant F.

Reasons

Punishment of the crime

Defendant

F is primarily responsible for soliciting investors in Korea, and Defendant A received money from Defendant F and carried out credit business and studio spam business in China.

1. Fraud against victims BY;

A. On December 2009, the Defendants conspired with the Gangnam-gu Seoul AS building 2402, Defendant F made a false statement to the victim BY that “The said A is engaged in credit business with the said A in China, would be entitled to interest of 20% on 40 days if money is invested, and the said A is a person with the background in China.”

However, in fact, the Defendants did not have the intent or ability to pay the principal and interest of the investment as agreed even if they received the money from the victims because they were operating funds in the form of return to prevent the payment of the profits to the existing investors.

As a result, the Defendants conspired to induce the victim, thereby deceiving the victim, and the Defendants received a total sum of KRW 25 million from December 10 to May 20, 2010 as shown in the separate crime list from December 20 to May 20, 201.

B. At the office of the Defendants located in Gangdong-gu Seoul Metropolitan Government around June 2010, the Defendants conspired and concluded that “The Defendant F accepted and accepted it in China because it had been Yudio wudl in China, and then left back. The remaining profits will be divided into shares. Since there is a background in China, they will help them.”

However, in fact, the Defendants were unable to pay investment profits to investors including victims only with the profits generated from the studio-ticing business.

As a result, the Defendants conspired to deception the victim, thereby deceiving the victim.

6. 30. 35 million won was remitted.

2. Fraud of the victim B Z;

A. The Defendants conspired with each other on February 2010 at the office of the Defendants located in Gangdong-gu Seoul Metropolitan Government, and the Defendant F together with the said A in China to the victim B.