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(영문) 광주지방법원 2017.07.21 2017고단2557
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

On January 8, 2014, the Defendant was sentenced to ten months of imprisonment and three months of imprisonment at the Gwangju District Court for fraud, etc., and completed the execution of the sentence at the Gwangju District Court on September 1, 2014. On November 11, 2016, the Defendant was sentenced to imprisonment for one year and three months for the same crime at the same court, and the said judgment became final and conclusive on May 4, 2017.

1. "2017 Highest 2557 (victim B);

A. On August 2015, the Defendant, at the “D” coffee shop located in Seo-gu, Seo-gu, Gwangju, operated movable auction crowdfunding.

When joining an auction crowdfunding as a member, 26% of the principal of the investment shall be paid as dividends for each three weeks.

At the maturity of six months after the maturity, dividends may be paid continuously every three weeks with the principal paid or with the principal guaranteed.

The phrase “ makes a false statement.”

However, the Defendant did not have invested in the auction of movable property. However, the Defendant was a plan to receive investment from the injured party and to use it as dividends from existing investors who received investment in the above manner. At the time, there was no particular property or income at the time, and the so-called “the so-called “refusing to return” that there was no other property or income, and thus, there was no intention or ability to pay dividends agreed upon even if receiving investment from the injured party.

However, on August 27, 2015, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the Saemaul Treasury account (E) in the name of the Defendant from the victim; and (c) obtained money from the victim as investment money; and (d) acquired money from the Defendant; and (b) acquired money from the said Saemaul Bank account in the same manner as investment money; (c) KRW 20 million around November 1, 2015; (d) KRW 20 million around November 25, 2015; (e) KRW 40 million around November 25, 2015; (e) KRW 30 million around December 28, 2015; and (e) KRW 10 million around January 15, 2016; and (e) acquired money from each of the said Saemaul Bank accounts as investment money.

(b) money invested in real estate development;

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