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(영문) 서울중앙지방법원 2014.08.13 2014고단3870
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 1, 2008, the Defendant prepared an office on the 20th floor of F building near the subway E Station located in Gangnam-gu Seoul Metropolitan Government, and around January 2008, the Defendant is the Chairperson, the above C is the Vice-Chairperson, G is the general director, and G is willing to attract an unspecified number of people with “H”-related investors to divide the profits therefrom, and around March 2008, C explains the above office to the I visiting the said office and received KRW 1 million from the I for the purpose of investment.

On the other hand, “H” recruited investors by a multi-level business method that allows a higher-tier investor to join a lower-tier investor. The investment funds of the lower-tier investor are deposited in the bank account of a higher-tier investor, such as the Defendant and C, and all of the funds paid as an investor’s profit and allowance, are reserved as cyber money. In order to encash and return to investors, the existing investors received new investments from the investors and transferred cyber money to the existing investors, and cannot transfer money to the existing investors under the name of profits and allowances with the new investors. Thus, insofar as the unlimited expansion of the lower-tier investor does not occur, the said cyber money cannot be paid to the investors, and there was no way to use the money similar to the cash, and there was a risk that it is impossible to recover the investment money properly if invested in H business.

On January 30, 2008, the Korea Communications Standards Commission had the Defendant and C, etc. know the above facts well.

Nevertheless, on March 15, 2008, the defendant's introduction of the above I to the victim J(J, 65 years of age) office.

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