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(영문) 서울중앙지방법원 2017.11.09 2016고단8938
사기등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B] The defendant is punished by a fine of KRW 7,00,000.

Reasons

Punishment of the crime

Defendant

On January 22, 2016, A was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court and 2 years of suspended execution, and the above judgment was finalized on July 14, 2016.

[2016 Highest 8938]

1. On March 17, 2016, Defendant A would pay KRW 100,00,000 including the principal per unit, if he/she invested KRW 65,00 per unit in the “E” office located on the 5th floor of the Seoul Special Metropolitan City D D Building in the victim F and other unspecified persons.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have invested in the Korean World Cup franchise store business by attracting investment money, and there was no profit therefrom, and there was no intention or ability to pay the investment money and the profits as agreed upon because he thought that he would receive the money from the injured party to pay the profits to the senior investors.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Saemaul Bank account in the name of the Defendant, KRW 50 million on March 17, 2016, KRW 13 million on March 25, 2016, KRW 13 million on March 27, 2016, KRW 13 million on April 8, 2016, KRW 58.5 million on April 222, 2016.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall engage in a business of importing contributions under a mutual agreement with many and unspecified persons for payment of the total amount of contributions or an amount in excess thereof in the future without obtaining any authorization therefor or making any registration or report;

Nevertheless, the Defendant agreed to pay an amount exceeding the investment amount from F in the manner described in paragraph (1) at the date and time, at the place, and in the same manner as described in paragraph (1), and received a similar receipt under the name of the Defendant by transferring the amount of KRW 58,50,000,000,000 to the Saemaul Bank in the name of the Defendant’s name as the investment amount, KRW 13,000,000 on March 17, 2016, KRW 250,000 on March 25, 2016, KRW 13,000,000 on March 27, 2016, KRW 13,000 on April 22, 2016, and KRW 58,50,000,000 from F.

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