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(영문) 서울북부지방법원 2015.07.22 2015고단1507
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who opened and operated a website “C” (hereinafter “C”) on the Internet NAV.

1. On July 21, 2012, the Defendant held a camping conference with 40 members of the Kafeng-si, Gyeonggi-gu, Gyeonggi-do, and concluded a false statement to the effect that “If the Kafe-si lends its initial expenses to establish a corporation related to stock investment, the Defendant would pay interest equivalent to 15% per annum and return its principal after six months.”

However, in fact, it is necessary to have capital of at least one billion won in order to obtain authorization to establish a corporation related to investment in stocks for ordinary investors. However, the defendant did not have any way to prepare capital of at least one billion won, and the defendant did not have any intention or ability to establish a corporation related to investment in stocks with the intention to prepare funds to be used for stock investment or to compensate for losses caused by stock investment.

Around July 26, 2012, the Defendant, by deceiving the victim as such, received 30 million won from the victim with a new bank account (F) in the name of the Defendant, under the name of the Defendant.

2. On December 15, 2012, the Defendant made a false statement to the effect that “If a corporation to be established makes an investment in an amount that is possible to receive additional investment by registering a minority of the members as outside directors and allocating profits to the corporation to be established, the Defendant will pay dividends every three months after settling accounts every three months.”

However, in fact, the defendant had no intention or ability to establish a corporation related to stock investment with the intent to prepare funds to use funds for stock investment or to compensate for losses caused by stock investment.

The defendant deceivings the victim and is under his control.

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