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(영문) 서울동부지방법원 2013.11.20 2013고단723
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant is an applicant for compensation, who is an applicant for compensation, 90 million won or more by fraud.

Reasons

Punishment of the crime

In fact, the Defendant received money from another person from a third person for the purpose of stock investment or asset management, and operated the investment money by the so-called “concepting” method, in which part of the principal is paid to other investors as if it were profits. Despite the absence of the intent or ability to distribute profits by investing normal funds in stocks, etc., the Defendant has induced investors to acquire the investment money by ice the “Guarantee of Principal”, “a fixed profit dividend”, etc.

1. On January 24, 2011, the Defendant: (a) made a false statement to the effect that “A victim E, who had been aware of the place located in Seongdong-gu Seoul Metropolitan Government prior to this time, would receive 1.75% (1.75% of the principal on a month when making an investment to B; (b) prior to 90 days prior to the notification that the principal is required, would return the principal to the principal; and (c) received 50 million won from the victim on the same day.”

2. On October 15, 2010, the Defendant would make a 1.75% of the principal in a coffee shop in Seongdong-gu Seoul, Seongdong-gu, Seoul, to the victim D as a profit for a month when making an investment.

If the proceeds are re-investment, the proceeds from the money will also be paid again.

The Defendant, on December 7, 2010, transferred the amount of KRW 50 million from the victim, and acquired the amount of KRW 58,288,610,00 in total, which is the sum of KRW 58,288,610 on May 23, 201, and KRW 58,288,610 from the victim.3. On August 25, 2011, the Defendant would not only guarantee the principal if he/she has invested in the fund directly made by him/her in the office of the Dongdaemun-gu Seoul Metropolitan Government “G” organization located in Dongdaemun-gu.

"A false statement for the purpose" was made to the effect that it was remitted to the victim and acquired KRW 30 million on the same day as the investment money from the victim, KRW 5 million on August 26, 201, KRW 30 million on October 7, 201, and KRW 15 million on February 21, 201 and KRW 80 million on the same day.

4. On December 13, 2011, the Defendant is a victim at the office of the Defendant located in Seongdong-gu Seoul Metropolitan Government I.

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