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(영문) 대전지방법원 2017.05.10 2016고단1837
사기등
Text

Defendant

A Imprisonment of one year and six months, Defendant B's imprisonment of two years, and Defendant C's fine of ten million won.

Reasons

Punishment of the crime

On December 15, 2011, Defendant A was sentenced to imprisonment for fraud at the Daejeon District Court for one year and six months, and the parole period on October 26, 2012 was expired on December 25, 2012 during the execution of the sentence, and was sentenced to imprisonment for fraud at the Daejeon District Court for two years on April 27, 2016, and the said judgment became final and conclusive on May 5, 2016. On June 16, 2016, Defendant A was sentenced to imprisonment for seven months at the Daejeon District Court for fraud, and Defendant B was sentenced to imprisonment for five years at the Incheon District Court for a breach of trust, etc. on July 14, 2019, and completed the execution of the sentence in the Red Prison on January 7, 2014.

Criminal facts

[2016 order 1837]

1. On January 13, 2015, Defendant A and Defendants (Defendant B) shown in the Jung-gu Seoul Special Metropolitan City EtelF the victim G the “ARJECT” for four parcels, including the Y-gun, Jeonbuk-gun-gun, and the “ARJECT” to the victim G. As such, Defendant A and Defendant B operated gains from purchasing the land at a low price and from selling the land at a high price, etc., and profits from the operation of the adjacent camping and penting.

If investment of ten million won is made, 650,000 won will be paid twice a week until the total of 13 million won will be paid for 10 weeks.

“Falsely false.”

However, the fact is that the investment money received from the next-order investors was attracting investment money in the form of a "return prevention," such as payment of dividends to senior investors. Since there was no specific business operation and no activity such as creation of profits, there was no intent or ability to pay the principal and profits therefrom even if the money is paid from the damaged person as the investment money.

After all, the Defendants conspired to induce the victim as above and acquired the amount of KRW 20,000,00 (the actual amount of KRW 16,000,000) from the victim three times, such as the list Nos. 31 in the annexed crime list No. 1.

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