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(영문) 서울중앙지방법원 2013.12.20 2013고단6665
사기등
Text

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

Reasons

Punishment of the crime

1. In addition to Co-Defendant C and D, the Defendant recruited investors to enter into a smartphone game business in the E Cooperatives, and conspired to receive investments by falsely concluding that “When investing in the business because it is possible to obtain high profits, 110% of the investment amount will be paid at 14 days only if it invests in the business.” D is in the position of the representative director of the E Cooperatives, in charge of the office lease and the explanation of investment. The Defendant is in the position of the vice president of the above Association, thereby assisting the investor management, the progress of the business presentation, and Co-Defendant C is in the position of the director of the above department of the accounting and accounting division, thereby contributing to the role of Co-Defendant C in charge of the receipt of

In this regard, D and the defendant at the 7th floor E Farming Association in Gangnam-gu Seoul, Seoul on April 4, 2012, 2012, "The victim G is running a smartphone game business in the E Cooperatives, 10% of the investment amount on the date of investment, 50% of the investment amount after one week, and 50% of the investment amount after two weeks," and Co-defendant C received the investment amount from the above victim and issued a written agreement of partner investment.

However, in fact, the E-cooperative is not a company that can obtain high profits through smartphone game business, but a similar receiver that temporarily pays high profits to senior investors with investments received from subordinated investors. Thus, even if the Defendant received money from the above victim as investment funds, it was aware that the Defendant cannot pay high interest rate agreed upon, and eventually, the above victim could not return the investment principal to the above victim.

The Defendant, in collusion with Co-Defendant C and D, by deceiving the said victim as above, received 300,000 won from the said victim to the Agricultural Cooperative Account in the name of the E Cooperatives for the purpose of investment, and from that point to May 29, 2012.

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