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(영문) 울산지방법원 2017.08.08 2017고단1190
사기
Text

A defendant shall be punished by imprisonment for one year.

All applications for compensation order shall be dismissed by applicants.

Reasons

Criminal facts

【Procedure for the charge of the crime” The Defendant, upon receiving a proposal from the K (former change to the KG) in order to attract investment funds by attracting investors, with the content that “if the construction of the BEM factory, etc. is conducted more than 30% in fast-si J, it may receive funds from the Small and Medium Business Administration because it is possible to receive funds from the Small and Medium Business Administration.”

【The Defendant committed the crime at the office of the above company with the 3rd floor in Ulsan-gu, Ulsan-gu, Seoul-do, on January 2013, 2013, there is a lack of funds in order to place the victim D with BEM factories and cosmetics factories on the 830 square meters of "Syang-si, J. Mayang-do."

When investing new factory capital, many profits will accrue later.

B. The purpose was to make a false statement to the effect that the investment would pay 9% interest per month when it is trusted and made, and that the payment will be guaranteed by the representative director's letter of payment guarantee in lieu of the loan agreement.

However, the fact that the above company did not carry out a business in which it was able to raise separate profits from the above company, and was a structure of paying profits to senior investors by the investment funds received from senior investors, and thus, the investment funds should be continuously recruited, but the investment funds can be paid only if the investors are no longer able to pay the profits, so there was no intention or ability to pay the profits properly as promised even if the investors received the investment funds from the victim D.

As such, the Defendant, by deceiving the victim D as such, received KRW 5 million from the victim D as an investment loan from the victim D on February 14, 2013, and acquired it by deceptive means. From around that time to April 14, 2014, the Defendant received the victim C a total amount of KRW 52,545,00,00 from the victim D on a total amount of 20 occasions, as shown in the attached list of crimes [Ⅰ], [Ⅱ], and [Ⅲ], and received a total of KRW 52,545,00,00 from the victim D.

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