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(영문) 서울남부지방법원 2018.06.21 2018고합136
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for a term of four years and six months.

The Defendant shall pay 76,080,000 won to the applicant C.

Reasons

Punishment of the crime

"2018 Gohap 136"

1. A violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant’s fraud against customers who became aware of in the course of working as an insurance designer on early 2015 as the firstman, shall pay interest from 12% to 24% of the principal amount of the investment every year or every month by stipulating a period of one or two years by investing money in a private investment fund, such as film and music record business, foreign exchange I, and a private investment fund, such as the Dispute Settlement Council, etc., to a private investment fund, such as a private investment fund which has been engaged in foreign exchange transactions, and to

In order to acquire money under the name of the investment money by deceiving it.

On January 28, 2015, the Defendant may earn profits from the Defendant’s investment of the victim K in his or her residence in light of the victim K to make an investment in cash in foreign exchange transactions and over-the-counter stock transactions.

The principal of the investment is guaranteed and the interest of 12% per annum is paid to the principal of the investment.

“Falsely speaking,” it was remitted KRW 50,000,000 to the L bank account opened in the name of the Defendant on the same day from the damaged person.

However, at the time, the Defendant’s investment in another investment company did not have any option to guarantee the principal amount, and there was a high risk of having no safety device, and there was no choice but to take the method of paying the principal, profits, and various allowances to the existing investors by using the investment funds retained by the next-order investors, and eventually, as long as the new investors are not confined continuously, the structure of not paying the agreed high-rate profits and allowances is that the victim did not have the intent or ability to pay the agreed principal, profits, and allowances.

In addition, the Defendant will guarantee the principal of the investment from January 5, 2015 to July 6, 2017, as shown in the attached list of crimes (1), and pay the proceeds or interest from 12% to 24% per annum of the principal of the investment.

“.....”

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