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(영문) 서울동부지방법원 2017.11.20 2016고단4211
사기등
Text

The defendant is not guilty. The defendant shall dismiss all applications for compensation order.

Reasons

Indictment

1. On July 29, 2014, in the office of “F” branch office in Yeongdeungpo-gu Seoul Metropolitan Government Construction Bank Co., Ltd., the Defendant concluded to the effect that “The Defendant would make an investment of at least KRW 10,000,000 in the FX M&A brokerage business, which is the representative of H, there is a big profit from the overseas business, such as the FX M&A brokerage business.” The Defendant said to the effect that the Defendant would pay 2% of the monthly investment amount to the dividend and return the principal after one year.

However, H’s overseas project promoted by H, such as there is no asset or profit-making enterprise to pay high-rate earnings to victims, and there is no possibility of realizing considerable profits within a short-term period due to lack possibility of success, and it is difficult to use the total amount of KRW 4,84.3 billion in the form of “the prevention of return of funds” after December 201, 201 to lend funds to investors or to repay the principal and interest of investors, and to use the total amount of KRW 2,56.2 billion in the form of loan funds or to repay the principal and interest of investors, and even if it has no capacity to use the funds as the principal or profit-making intermediary from victims of multi-stage business to September 2, 2016 in the form of foreign investment from victims such as dumping the fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund, etc.

The Defendant had the victim enter into an investment agreement with H on the same day, and received 50,000,000 won from the victim’s account (J) in the name of H from the victim, and there is no practical benefit to attach the crime sight table by a judgment of not guilty in the crime committed from December 2, 2013 to August 25, 2016 (a part of the Defendant has practical reason exceeding 1,00). If deemed necessary after the need arises, either ex officio or the person concerned with the case.

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