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(영문) 서울중앙지방법원 2017.11.22 2017고단3962
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On August 10, 2010, the Defendant, at the victim D’s office near Yeongdeungpo-gu Seoul Metropolitan Government Station, made transactions with the victim D with high riskless gains by using the weak points of the LING social change terms and conditions as the principal is guaranteed.

If investment is made, 20% interest per annum shall be paid and principal shall be paid.

“A false representation was made.”

However, in fact, even if the defendant receives investment funds from investors, there is no source of investment in which the defendant is able to definitely pay 20% annual proceeds of 20% of the investment funds. Of the investment funds of investors, the amount invested for profit-making business is not less than the amount of investment received. There was no net profit from profit-making business. The profits paid to investors were continuously given to senior investors, and there was no intention or ability to pay them as agreed upon by the investors, because they continued to receive the investment funds from senior investors, as a way to prevent the return of the above profits paid to senior investors.

Ultimately, the Defendant, as above, by deceiving the victim D as above, received 30,000,000 won from the SC Japan bank account (E) under the name of the Defendant for investment in liquid insurance as of August 10, 2010 from the victim D, as well as received 1,349,487,566 won in total from 12 victims as investments in the attached crime list from around that time, as shown in the attached crime list.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall commit any act of receiving contributions under an agreement to pay the total amount of contributions or any amount in excess thereof to many and unspecified persons in the future without obtaining authorization therefor or obtaining registration or reporting thereon from such unspecified persons;

Nevertheless, the Defendant stated to the effect that he would guarantee the principal of the investment to the victim D without obtaining permission, etc. at the same time and place as the preceding paragraph.

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