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(영문) 대전지방법원 홍성지원 2014.03.12 2013고단995 (1)
사기
Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

Reasons

Punishment of the crime

The Defendants: (a) received money from the victims under the pretext that they would engage in claims collection business; (b) there is no plan to invest money in other projects; and (c) would consume 4-8% of the money for sports discussions, stocks, living expenses, etc.; and (d) once again receive money from the victims, Defendant A recruited investors; (c) received a certain portion of the money for the investment, and (d) conspired Defendant B to receive money from the victims, excluding the fee, from Defendant A.

1. The Defendants conspired with the victim E to commit the crime on October 17, 2012, Defendant A made a false statement to the victim E at the G Co., Ltd. factory located in the Chungcheongnam-nam Budget Group F, stating that “B is conducting debt collection business in Daejeon, and the business is well being operated. The other persons are making an investment and making an interest. If an investment is made, the other persons will pay an interest of 5% per month.” The Defendant B takes three months to bring profits from the auction of real estate on the face of the former and takes about 10% interest to the victim. The Defendant B made an investment in money required for three months. At the same time, the Defendant B made a false statement to the effect that “The investment is in the course of soliciting investors at the point of intent to buy real estate at the 1 billion won auction.”

However, the Defendants did not actually engage in debt collection business, even if they received money from the victims, they thought that they would be used in living expenses, payment of profits to other investors, investment in stocks, sports discussions, etc., and there was no intention or ability to invest money in any business that can make profits equivalent to 5% to 7% per month.

Nevertheless, the Defendants deceiving the victim and deceiving the victim.

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