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(영문) 서울중앙지방법원 2014.10.07 2014고단4861
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the judgment was finalized on February 28, 2013. On July 17, 2014, the Seoul Central District Court sentenced eight (8) months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on the Regulation of Temporary Receiving of Funds, etc. and became final and conclusive on July 22, 2014

The Defendant, along with C, etc., conspired to sell electronic books of “E” prepared by C, and to gather money in the name of investment from many unspecified people, and obtain money from C. A is responsible for overall management of projects, such as fund management, project explanation, and payment of allowances, and the Defendant conspired to recruit and manage members of the F Center, one of the subordinate organizations of the above project, as the head of the F Center, to take charge of the recruitment and management of members of the said Center, and the collection of money.

Around December 201, the Defendant introduced the above business at the F Center Office of the D Company in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City), and introduced the above business to the victim H, the Defendant concluded a false statement to the effect that “The principal is recovered for more than 120,000 won per one electronic book issued via the Internet, and more than three books shall be purchased. The purchase price is 33% per each ticket that entered the investment deposit, and there is an investment return of 33% per one note. As such, there is an investment return equivalent to 130% of the principal amount after three months. If an investment is made, the Defendant made a false statement to the effect that “The principal is recovered for more than two months, and the profits will accrue after three months.”

However, in fact, the above electronic book itself cannot expect its sales proceeds because it does not have any special content or value, and the payment of allowances or profits in excess of the amount of investment promoted by the defendant can be made only when members are continuously recruited at the lower portion of the multi-level organization.

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