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(영문) 서울북부지방법원 2016.04.28 2015고단1503
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court on September 27, 2012, and the judgment became final and conclusive on November 30, 2012.

On November 2009, the Defendant would pay KRW 100 million by the end of December, 200, to the victim D who is a woman living together in the dwelling of the Defendant, Daegu Suwon-gu, 103dong, 1703, and 1703 of the company’s apartment housing.

“False speech was made to the effect that it was “.”

However, the facts are as follows: (a) the Defendant, along with E and F, has a plan to recruit investment funds in a multi-level manner under the pretext of promoting DID machinery leasing business; (b) according to the plan to invite investment funds, 5,00,000 won per old unit, and shall be paid a total of KRW 10,000,000 per annum 20,000 per annum under the pretext of principal and dividends for investment; (c) investors shall be given a post of master, prime, director, director, director, director, director, or chairman according to the scale of investment funds or the performance of attracting investment; and (d) separately from the payment of principal and dividends, monthly salary and allowances is uncertain as to whether the Defendant is able to earn profits by leasing DID machinery; (d) there is too much weight of dividend and monthly salary to be paid compared to profits and investment funds; and (e) there is no risk that the Defendant would actually use funds as sales organization dividends, etc.; and (e) there was no risk that other investors would actually have to pay profits due to loan funds or dividends.

The defendant deceivings the victim as such, and is 70 million won under the pretext of borrowing from the victim on the same day.

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