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(영문) 서울서부지방법원 2016.12.22 2015고단1579
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative director of Co., Ltd. E (hereinafter referred to as “Defendant Co., Ltd.”) (hereinafter referred to as “Defendant Co., Ltd”).

In fact, the defendant's above-mentioned dispute resolution group operated by the defendant was accumulated in sales, and it was in the situation of returning investment funds to the existing investors, and it was promoting the sales of ice-free and snow-ice-free store franchise business, but it did not properly proceed due to the lack of supply of ice-free appliances with excellent performance and quality. However, in the existing department store business, sales items are not free in the existing department store, and the business period is not secured for a long time, and even if the victim receives money from the victim F for the purpose of investment funds, etc., he did not have the ability to return the principal within the time limit, even if he did not receive money from the victim F.

On February 18, 2014, the Defendant sent a text message to the victim F residing in Nam-gu, Busan through the business start-up consulting company to "at least KRW 10 million investment, principal guarantee, and at least KRW 2.5 million monthly profit guarantee," and around the 19th day of the same month, if the Defendant invested KRW 110 million in E in the G underground coffee shop located in Busan, Daegu, and around the 19th day of the same month, the Defendant would give the victim the right to operate the Busan, the Busan, the Busan, the Marine Transport Unit G, and pay KRW 2.5 million per month.

The sales contract shall be extended by one year to be renewed with the department store, and if the situation where the contract becomes known to the sales center, the sales center shall have the similar operating right, and the principal shall be returned in all.

“False at the end of the 20th of the same month, at the 20th of the same month, the certificate of monetary loan contract in the amount of 110,000,000 shall be issued to the creditor K, K, L, and L, L, L, and L, L, L, L, L, and L, L, 10,000,000 won shall be received from the victim at the location of the place of payment at that time, and the sum of 110,000,000 won shall be remitted.

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