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(영문) 인천지방법원 2017.08.10 2017고단2384
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on January 25, 2017 and the above judgment is the same year.

4. 15. A final and conclusive date.

[Criminal facts] [2017 Highest 2384]

1. On the fifth floor of the building located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant entered into a contract for the transaction of goods with E, and made a business selling F intent, and was invested on the condition of returning the investment principle every day except the weekends until the amount reaches two times the investment amount, but returned the principal and interest of the investment of the senior investor with the money of the senior investor, and even if the former was suspended from business around October 20, 2015 and received an investment from the new investor, the Defendant did not have any intent or ability to return the principal and interest of the investment at the daily expense until it reaches the two times the principal.

Nevertheless, on October 21, 2015, the Defendant made a false statement to the victim G and the victim H that “if 39 million won is invested, it shall be paid 135,000 won per day except for the weekends until the amount reaches two times the investment amount, and shall be paid 135,000 won each day as the repayment of the investment principal and interest.” On October 21, 2015, the Defendant acquired 3,90,000 won from the victims, respectively, as the investment money, from the above office, and acquired 7,80,000 won in total.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business of making an agreement to pay the total amount of investments in the future or an amount exceeding such amount without obtaining any authorization or permission, or making any registration or report, etc., and raising funds from many and unspecified persons;

As described in the preceding paragraph, the Defendant agreed to repay 2% or 5% of the amount invested every day to investors as investment principles, with the exception of the weekends, until the amount reaches two times the amount of investment, and received KRW 3.9 million from G from September 1, 2015.

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