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(영문) 서울중앙지방법원 2018.12.20 2018고단5892
사기
Text

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

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

Reasons

Punishment of the crime

On July 19, 2018, the Defendant was sentenced to two years and four months of imprisonment for fraud, etc. at the Seoul High Court on July 19, 2018 and the judgment became final and conclusive on July 27, 2018.

1. On February 24, 2015, the Defendant was at the Defendant’s office located in Songpa-gu Seoul building C around February 24, 2015, and the victim D with “Innick School marketing the Internet private teaching institute on the river.”

If the sales have made an investment in the business fund in the early period of Symanology, 2% of the monthly income will be given and the principal will be given after one year.

“A false representation was made.”

However, as a result of a continuous increase in the amount of profits and principal to be paid to investors from around January 2015, 2015, the Defendant already invested from existing investors in order to expand its business at the time, the Defendant had been operating the business in so-called “refusive to return,” such as: (a) the amount of investment already made by the existing investors reaches KRW 2.2 billion; (b) the amount of investment to be paid to investors every month; and (c) the sales alone failed to pay the said amount of investment; and (d) the Defendant was operating the business in the form of so-called “refusive to return,” such as: (a) the Defendant was unable to receive additional investments from banks or other institutions in excess of liabilities with no special assets; and (b) there was no intent or ability to return the principal, as agreed, even if the amount of investment was made from the damaged investors, such as continuing to operate the business in a state where the amount of expenses substantially exceeded

Nevertheless, the defendant received KRW 200 million from the victim's account in the name of the defendant E bank (Account Number:F) on the same day.

In this respect, the defendant, by deceiving the victim, obtained property from the victim.

2. On November 20, 2015 - January 11, 2016, fraud Defendant is at the office of the Defendant located on the eightth floor of the Gangnam-gu Seoul Metropolitan Government G Building around November 20, 2015, and “the monthly salary of employees is pushed down to the same victim.”

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