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(영문) 서울남부지방법원 2013.07.10 2013고단152
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative of the "D" in the Nowon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.

The defendant, together with E, was responsible for the representative of the "D", and the defendant and E, who are in charge of the actual operation of the company, subscribed to the members of the "D", and received investment money from them with the account in the name of the defendant, and Eul purchased rice with the investment money, and there was a project in the way of selling it and selling it, and there was a mutually divided profit.

Accordingly, on July 201, 201, the Defendant made a false statement to the effect that “Korea purchases rice at a low price in the Republic of Korea and makes profits from selling it, and if it makes an investment, it would pay an amount equivalent to 10% of the investment amount as cash and merchandise coupon in advance, and return 40% of the investment principal, and return 60% of the remainder of the investment principal after one week of investment.”

However, in fact, the defendant and the above E were to receive the investment from the person in the vicinity without their own capital and try to operate the business with their investment money, and as such, 10% of the above interest shall be paid in advance as well as 10% as above, and there is no specific business plan to create a profit to fully repay the principal of the investment within one week after the investment, so even if they received an investment from the victim, they did not have the intent or ability to repay the interest or principal as above.

The Defendant, as such, deceiving the victim, and deceiving the victim, from August 4, 2011 to the same year from the victim.

8. From October to October, 200, a total of 32,400,000 won was remitted to an account under the name of the Defendant.

In addition, the defendant from August 4, 201 to the same year.

8. From October to October, 200, two victims as described in the annexed list of crimes are subject to the said method as investments.

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