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(영문) 서울중앙지방법원 2019.06.14 2018고단2163
사기등
Text

A defendant shall be punished by imprisonment for four years.

The defendant is an applicant for compensation, who is an applicant for compensation, of KRW 164,00,00,000.

Reasons

Criminal facts

[2018 Highest 2163] Around April 2015, the Defendant stated in Q Q Co., Ltd.’s written indictment for the purpose of selling cosmetics in Gangnam-gu Seoul, Seoul, as “P,” but there is no evidence to recognize Q Q Co., Ltd. as a stock company. However, the Defendant was willing to attract investment by advertising that Q Q would receive and take over the indictment and take office as the team leader, etc., to pay a high interest rate by advertising that QP would pay a high interest rate by generating profits to many unspecified persons through the export of cosmetics, etc.

1. On June 21, 2017, the fraud Defendant, through the above U, in the French coffee shop (hereinafter referred to as the “Seongdong,”) concluded that “ Q Q Co., Ltd., in the Republic of Korea, through the distribution of sampling cosmetics, distribution of communications equipment in the Republic of Korea through the Malaysia’s overseas business, lease of Lao casino games, and the distribution of “X-E-Se-Se-PP” advertising by artist W, the Defendant made a false statement that “The Defendant would pay the principal and 6-12% profits each year at the end of the investment period by investing the investment in Q Q Co., Ltd. with the investment money in the domestic and overseas distribution business.”

However, in fact Q spent most of the invested funds as principal and profit payment for other investors, and as solicitation allowances for recruitment of fund, there was no intention or ability to pay the principal and profit as promised even if Q received funds from the victim under the pretext of investment, etc. because it did not have invested in the above business or caused profit.

The Defendant received KRW 100,000 from the victim in the same manner as indicated in the attached Table 1, including the remittance of KRW 100,000 from the victim, in total from October 7, 2015 to November 25, 2017, a total of KRW 1,268,010,000 from November 25, 201.

Accordingly, the defendant, by deceiving the victims, received the property and acquired it.

2...

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