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(영문) 대구지방법원 서부지원 2018.09.12 2017고단3110
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant together with B on July 16, 2014, at the defendant's office located in Daegu-gu, Daegu-gu, the defendant "E is the representative director and the head office in the United States."

E operates an Internet shopping mall (G) with a server in the United States, and through which goods manufactured in a foreign country can be purchased at a low price in a foreign direct area without customs duties.

E may subscribe to four levels, such as USD 99 (ECR), USD 495 (Bas), USD 1,500, USD 3,000, and USD 3,000, depending on the subscription cost. If an investor becomes a member, he/she may receive profit dividends in the form of points money for all profits.

In addition, when recruiting subordinate investors according to the compensation franchise operated by one company, the amount of allowances to be raised according to each grade is additionally paid, and the ECR is paid to 5-10% up to 2 parts, 3-10% up to 3 parts, 2-15% up to 6 parts, and 3-15% up to 1 parts, so it is possible to impose more than a million won every month.

“In order to the effect that E shopping mall business is guaranteed more than investments,” an explanation was given to the effect that it received 3,286,000 won from the injured party through the SC bank account in the name of B on the same day as the expenses for the subscription of investors.

However, in fact, the above project was actually carried out without any special source of profit, and it was merely a method of appropriating the profits of higher investors as investments by subordinate investors, and there was no intention or ability to pay allowances normally as promised to investors unless additional investors are recruited in an unlimited manner.

Accordingly, the Defendant, in collusion with the representative E F and superior investors H and B, received property by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account details;

1. Article 347(1), Article 347(1), and Article 30 of the Criminal Code for criminal facts.

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