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(영문) 인천지방법원 2017.09.01 2017고단1442
사기등
Text

Defendant

A Imprisonment with prison labor for three years, and for two years and six months, respectively.

Reasons

Punishment of the crime

[Power of repeated crime] Defendant A was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on September 26, 2012 and completed the execution of the sentence at the Seoul District Court on March 28, 2013. Defendant B was sentenced to five months of imprisonment for fraud at the Incheon District Court on August 30, 201, and was released on September 13, 2012 at the Incheon District Court on September 14, 201, and the parole period expired on September 14, 2013.

[2017 Highest 1442] Defendants were registered as the representative director by Defendant A’s living together around March 2015.

Defendant B, after changing the name of F farming association to G farming association, was in charge of raising and managing chickens and distributing meat. Defendant A is in charge of raising investors and managing investment funds to be invested in the cryc entrusted breeding business. However, in the event that sales occur due to crycing, Defendant B and Defendant A are distributed to 2:8, and the expenditure of funds and dividend payments to investors related to the cryc entrusted breeding business were agreed to be executed through mutual consultation.

Defendants were in charge of the duties to recruit investors at the G Agricultural Partnership Office located at the end of Apr. 2015, 2015, G Agricultural Partnership Office located at the end of the Sinsi-si, G.

I and J told the victim K to the effect that “if it invests 20 million won in the entrusted breeding business, it shall be paid for each share after two weeks from the date of the contract to the remainder of the profit by selling the cryptom, earth and sand, general cryp, etc., and by adding the principal and interest to KRW 30 million after eight months from the date of the contract.”

However, in fact, the Defendants agreed to raise investors by promising to offer high-amount profits in the absence of any particular financing plan or sales in connection with the commission raising business, and most of the investments received from investors were paid as investment earnings to the previous investors.

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