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(영문) 전주지방법원 2019.10.24 2019고합118
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

There are two bankbooks (B, C) seized, one gallon doctrine opgal thallon doctrine, and one gallonian 9.

Reasons

Punishment of the crime

1. From June 2018, the Defendant, D, and E conspiredd to acquire money by deceiving many unspecified victims and engage in a similar receipt business by deceiving them as if they would pay profits and principal when investing in the sales business of the department store merchandise coupons from the Staff Staff on June 2018. D and E act to attract investment funds by explaining the business contents that they would pay high-rate profits to the victims in face-to-face or telephone sales business of the department store merchandise coupons, and the Defendant, while managing the investment funds kept in custody, intended to act to transfer money to the victims under the pretext of the profits from investment in the merchandise coupon.

2. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant made a false statement to the effect that, in collusion with the above D and E, D would make a total of 24% of the principal and pay 268% of the investment principal to the victim H in the “G coffee shop” located in Daegu Metropolitan City F, Daegu, Seoul, “I department store gift certificates are purchased at a discount from the I department store and sold to the merchandise coupon company, and the difference can be paid as profits if sold to the merchandise coupon company. However, when investing KRW 100 million in the above business and maintaining the three months, 7% per week every week during this period, i.e., granting KRW 14 million as profits, i., a total of 14% of the principal.”

However, in fact, Defendant, D, and E obtained profits from the sales business of the above department store gift certificates as above did not reach all the amount agreed to by the victims, or rather did not have to occur in business structure, but did not take measures to prevent the return of the above high-rate profits to senior investors out of the investment funds of junior investors. Therefore, in such a way, the principal of investment can not be paid to investors.

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