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(영문) 서울동부지방법원 2018.12.13 2017고단3701
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the responsibility to attract investment of Co., Ltd., and Defendant B is the representative director of Co., Ltd.

The Defendants intended to offer a large amount of profit from the NPL investment business and intended to acquire investment funds by soliciting investors.

1. On October 27, 2014, Defendant A, at F Hospital located in Yangcheon-gu Seoul Metropolitan Government, Defendant A, the victim D, “After accepting and remodelling the investment funds, he/she was engaged in leasing business after acquiring the neighboring living facilities located in Daejeon Jung-gu G, and then recovered the principal of the investment within one year by paying proceeds from sale, and 15% per annum proceeds.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendants did not have an intent to raise investment funds through the introduction of the applicants, but did not have any specific financing plan. In that sense, even if they did not receive the investment profits from the victims, they did not have the intent or ability to pay the investment profits by performing the business within the agreed time limit.

On October 30, 2014, the Defendants: (a) by deceiving the victims as above; and (b) transferred KRW 120 million to the H bank account (I) in the name of the Defendants C Bank that was managed by the Defendants on October 30, 2014.

2. On November 11, 2014, Defendant A against the victim J would receive and remodel the investment funds from the victim J through K at a non-permanent place on November 1, 2014, “after accepting and remodelling the neighboring living facilities located in Daejeon Jung-gu, Daejeon, the principal of the investment shall be recovered within one year as profits from sale gains, and the proceeds of 15% per annum will be paid.

“A false statement was made to the effect that it was “.”

However, the Defendants did not have the intent or ability to pay the investment profits by performing the business within the agreed time limit, even if they receive the investment funds from the injured party on the grounds of Paragraph 1.

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