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(영문) 서울중앙지방법원 2018.04.20 2017고합1027
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, each fraud against the victim F and the victim G.

Reasons

Punishment of the crime

[criminal records] On April 12, 2017, the Defendant was sentenced to six months of imprisonment for the establishment of gambling spaces at the Seoul Central District Court, and the sentence became final and conclusive on July 22, 2017.

[2] The Defendant: (a) engaged in the business of precious metal spawn in the name of H or I (hereinafter “I”); (b) introduced investors through similar recipients without obtaining authorization from J, etc. (hereinafter “J”); and (c) concluded a consignment operation agreement with investors, which provides that “The amount of annual fixed profits shall be paid for each month by operating the sales store of precious metal spawn with investments during the contract period and return the principal paid as the deposited money after the contract expires; and (d) received the investment money.”

However, the fact is that there was no asset owned by the defendant, the operation performance of H and I is low, and the store is leased by receiving investment money, and the investment money of the priority investors was planned to proceed with the Lari franchise store business by paying the investment money of the priority investors, and it was not possible to pay finalized profits or return the principal of the investment to investors, and it was not possible to continue to run the Lari franchise store business.

On January 6, 2010, the Defendant: (a) at L Office located in the 14th floor in Gangnam-gu Seoul, Gangnam-gu, Seoul, the fact that the Defendant did not have the intent or ability to pay finalized profits or return the principal of the investment, and (b) was introduced by the said company to the victim M, who was introduced by the said company, “I Co., Ltd. I operated within the Republic of Korea, such as Seoul and Ansan, is operating more than 10

In order to expand the business to enter China, the purport of the phrase “a person who intends to pay a fixed amount of KRW 3 million per month by operating an investment fund for one year and paying a fixed amount of KRW 3 million per month shall be paid, and the principal shall be returned” is the mother and child who intends to invest in the company.

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