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(영문) 서울중앙지방법원 2018.10.10 2017고단6391
사기등
Text

Defendant

L 4 years and six months of imprisonment, Defendant A’s imprisonment with prison labor in one year and four months, Defendant M 10 months of imprisonment, and Defendant N.

Reasons

Punishment of the crime

On September 24, 2015, Defendant A and Defendant A were sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the Seoul Central District Court on September 24, 2015, and the judgment became final and conclusive on October 2 of the same year.

Defendant

N was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on January 28, 2015, and the execution of the sentence was terminated in the Seoul East Eastern District Court on August 6, 2015.

“2017 Highest 6391 – Defendant L, M, A

1. On December 2016, Defendant L and M agreed to receive money in the name of investment in the meat processing project, including N’s pigs, operated by N with introduction from T around December 2016 from many unspecified persons. Defendant L, as a representative, intended to manage the investment money; Defendant M, as a business explanation against many unspecified persons; and N, as a representative, made a series of attempts to perform the role of explaining and encouraging investment in the office.

A. According to the above public offering, the Defendants: (a) at the Defendant L’s office located in Gwanak-gu in Seoul Special Metropolitan City around February 2017; (b) at the victim V, etc., (c) stored in the freezing warehouse located in Chungcheongbuk voice, etc.; (d) sold at an appropriate time, and (e) engaged in meat processing business raising a large amount of profits; and (e) upon making an investment, 120% of the principal amount shall be returned three weeks over three weeks.

“A false representation was made.”

However, in fact, N was not in a situation in which it was impossible for victims to make the above profits, and there was a so-called “return prevention” type used for the payment of allowances to senior investors, and thus there was no intention or ability to pay the principal and interest even if they received the investment from the victims.

As above, the Defendants, by deceiving the victim and receiving KRW 2,50,000 from the victim as a loan for investment around February 20, 2017, as well as from December 24, 2016 to March 30, 2017.

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