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(영문) 서울중앙지방법원 2018.07.26 2018고단2142
사기등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On November 19, 2014, the Defendant committed the crime on November 2014, 2014, in the influent coffee shop in the name of the main office in the Gangnam-gu Seoul Gangnam-gu, Seoul, the Defendant: (a) transferred the underground funds confiscated by the government from a criminal, etc. to the account of a specific person deposited in a large amount of deposit, and collected 50-60% of them as taxes; and (b) distributed the remainder to the lender, government office, broker, etc.

It is false that the Party would return the principal of the investment within two to three days and pay the proceeds of KRW 1 billion with underground funds that will be received from the Government when it invests a part of the amount, and the victim C made a proposal to the same effect as the victim D in the above temporary default.

However, even if the defendant received investments from the victims, he/she did not have the intent or ability to pay the victims the principal and the profits within 2 to 3 days through the introduction of underground funds.

Around November 13, 2014, the Defendant received from C the amount of KRW 15 million from the F Station G located in Gangnam-gu Seoul Metropolitan Government on the same day from the victim D as an investment fund in training underground funds. Around November 14, 2014, the Defendant received KRW 1 million from C for the expenses of training underground funds from the victim C, and around November 19, 2014, issued KRW 2 million from the victim C for the above expenses at the non-folc shop located in the Dong terminal located in the Gangseo-gu Seoul Metropolitan Government river basin.

B. On December 3, 2014, the Defendant: (a) on November 20, 2014, made the said C a false statement to the same effect as the indicated in the foregoing paragraph 1; and (b) made the said C a false statement to the same effect as the victim D at the instant temporary holiday.

However, even if the defendant receives an investment from the injured party, he/she is 2-3 through the fostering of underground funds.

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