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(영문) 서울중앙지방법원 2014.09.12 2013고단6665 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) recruited investors with C and D, and then, (b) was promoting smartphone game business in the E cooperative, which could obtain high profits; (c) made an investment in the business, he/she made a false statement that he/she would pay 110% of the investment money at 14 days to the public; (d) C is in charge of the office lease and the explanation of investment; (e) D is in charge of the management of investors and the progress of the business explanation by directly holding the office of the representative director of the E cooperative; and (e) the Defendant is in charge of the receipt of the investment money, issuance of the association member investment agreement, and payment of profits to investors.

On April 4, 2012, C and D are running a smartphone game business in the 7th floor E Farming Association in the Gangnam-gu Seoul Metropolitan Government FF building, and the victim GE cooperative is operating a smartphone game business. When investing in the company, 10% of the investment amount on the date of investment, 50% of the investment amount after one week, and 50% of the investment amount after two weeks, and the defendant received 300,000 won of the investment amount from the above victim, and issued a written agreement of partner investment to that amount.

However, in fact, the E-cooperative is not a company that can obtain high profits through smartphone game business, but a similar receiving company that temporarily pays high profits to senior investors with investment funds received from subordinated investors. Thus, the defendant was aware that even if he/she received money from the above victim as investment funds, he/she cannot pay high interest rate even if he/she agreed to do so, and eventually, he/she cannot return the investment principal.

Nevertheless, in collusion with C and D, the Defendant received 300,000 won from the said victim to the Agricultural Cooperative Account in the name of the E Union for the purpose of investment in that place, as above, in collusion with C and D, and as shown in the attached list of crimes (1) from that time until May 29, 2012.

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