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(영문) 서울남부지방법원 2017.05.23 2016고단5690
사기
Text

1. Defendant A shall be punished by imprisonment for three months, by imprisonment for one year and ten months, and by imprisonment for one year and two months, respectively.

2...

Reasons

Punishment of the crime

Defendant A was sentenced to one year of imprisonment for a crime at the Seoul Western District Court on October 13, 2015, and the said judgment became final and conclusive on June 10, 2016. On June 23, 2016, the Seoul Southern District Court sentenced Defendant A to six months of imprisonment for a crime of fraud at the Seoul Southern District Court on June 23, 2016 and became final and conclusive on June 24, 2016.

Defendant

B On June 23, 2016, the Seoul Southern District Court sentenced ten months of imprisonment for fraud at the Seoul Southern District Court and decided November 15, 2016.

Defendant

C On June 23, 2016, the Seoul Southern District Court was sentenced to eight months of imprisonment for fraud and became final and conclusive on January 6, 2017.

[2] Defendant A is a person who was the representative director of J in the fifth floor of the company in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is a person who was disadvantageous to the adviser or president of the above company and operated the above company, and Defendant C is a person who was in charge of fund management of the above company.

The Defendants would pay dividends that meet the principal when they make an investment under the pretext of investment in the business of importing and selling gold in Mongolia to many unspecified investors.

The purpose of this paper is to acquire money through fraud.

On January 2009, the Defendants played the role of soliciting investors under the direction of Defendant B at the court office of the first instance on January 1, 2009.

K is running a business to pay profits by importing gold in Mongolia to victims L.

A false statement was made that the sum of the principal and interest will be refunded to 18 million won in total within three months even after investment has been made.

However, the Defendants are expected to be unable to pay the agreed principal and dividends unless they are confined by a new investor who continues to engage in a business only through the invitation of new investors, even though they did not have the intent or ability to sell by importing money.

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