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(영문) 서울중앙지방법원 2017.01.26 2015고단5237 (1)
사기등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 3 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Joint Defendant D had an office with the trade name of (State) F in the third floor of the Dongjak-gu Seoul E building, and ordered Defendant A, B, and joint Defendant G to invite investors. Accordingly, Defendant A, B, and joint Defendant G would receive 10-15% of the investment amount as a recommendation allowance. The Defendants could distribute a large amount of profit within a short period against an unspecified number of people if they make an investment in (State F) F.

Cruelly, it received investment money by the method of "on-line tin", such as cash or inner name.

1. The Defendants and the co-defendants conspired with each other on March 2014, in collusion, and at the above (State) F Office around March 2014, the victim H(52) acquired the love apartment complex from the victim H(52 years of age) by acquiring the said apartment complex. The Defendant may sell it in lots or obtain loans.

When making an investment of one million won in the old account, a false statement was made to the effect that 1.2 million won will be returned each day for 30 days and the principal of the investment.

However, the fact is that (State) F does not have taken over an arm's length green apartment, and it is impossible to realize high profits within a short period because it did not have any assets or profits to pay high profits to investors. Since it is inevitable to take the method of repaying the principal and profits to the existing investors using the investment money received from the next priority investors, and as long as a new investor is not retained, it is not able to pay high profits within a short period as agreed upon within a given period, so the victim did not have any intent or ability to pay the agreed principal or profits.

Nevertheless, in collusion with the joint Defendants, the Defendants received KRW 10 million from the injured party on March 25, 2014 for the purpose of investment, as well as from March 13, 2014 to April 28, 2014.

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