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(영문) 서울중앙지방법원 2016.07.20 2016고단706
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a period of eight months.

However, as to Defendant L, this shall not apply.

Reasons

Punishment of the crime

[criminal history] On October 12, 2012, Defendant A was sentenced to imprisonment for a violation of the Act on the Regulation of Fraud and Similar Receiving Act at the Busan District Court’s Dong Branch, and the execution of the sentence was terminated on June 13, 2013 at the Busan Detention Center.

[2] Defendant A had the intent to attract investors under the pretext of “Op franchise business” in a state where there is no proper business plan or funds. Defendant A, a person operating a business name (main N) N in the Gwanak-gu Seoul Special Metropolitan City M 2; Defendant L, a person operating an office from the above office as its head; Defendant L, a person managing investment money; and Defendant L, a person operating an “Op franchise business” in the absence of proper business plan or funds.

1. On October 28, 2014, the Defendants conspired with the Defendant L, at the above office, to show the Defendant’s husband’s her husband’s contribution to the SBS’s “ Q” program, and to enhance trust in doing camping business, and Defendant A, “I, as far as possible to do glamping in the Incheon Southern-gu R, opened a single-lane franchise restaurant, thereby seeking a compensation for running a business in contact with the two-lane camping car if the first-lane franchise business is successful.

When making an investment of KRW 1 million per Gu unit, it was false that 24,000 won will be paid every day from the second day of investment until the sum of principal and interest reaches 120%.

However, in fact, the Defendants did not have any funds, and did not operate any business that could create profits, and even if they received investments from investors, they paid dividends to the front investors, so they did not have any intent or ability to collect investment funds and to pay 120% of the investment principles to investors.

Ultimately, the Defendants conspired to induce the victim and then receive 2 million won from the victim to the national bank account in the name of S (Account Number: T) under the pretext of investment.

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