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(영문) 수원지방법원 안산지원 2014.01.22 2013고단3023
사기등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. The Defendant was making an investment in the form of a so-called “original trade” in which the office located in Ansan-si from around the middle of 2007, was leased to another person and sold shares immediately on the day of the purchase of shares after having received small amounts of investment from another person, and the Defendant had already been making profits through investment in shares since around 2008, and there was no intention or ability to receive profits from other persons, even if the investment was made after being operated in shares investment for a period of one year or one year and five months from several persons, and the profits equivalent to five times the investment principal are paid, and the investment principal was returned to the investors later, and even if the Defendant received money in the name of the investment principal on the condition that the investment principal is returned, it is difficult to return the money received from the investors later, and therefore, it is impossible to invite investors later, if it is impossible to pay more than a certain period of time, it is not possible to receive profits from the investors later, and thus, there was no intention or ability to receive profits from other persons.

Nevertheless, in the office of the defendant on June 1, 2008, the defendant listened to the lawsuit that the defendant guaranteed the investment principal and high profits, and the victim E who called to the defendant "in this year, the number of days during which shares can be invested is 238 days in the year, and when calculating the profits of 1% per day during the period of 1 year or 1 year and 5 months, profits of 1,100% or more per day, and even if the profits are divided into 5:5, the profits equivalent to 5 times the principal of the investment will be generated." Accordingly, it is false to the purport that the defendant will guarantee the principal of the investment principal and receive profits equivalent to 5 times the amount of the investment principal in a fixed manner from the victim on June 13, 2008."

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