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(영문) 서울중앙지방법원 2011.02.22 2009고단6559 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is the advisory member of the Gangnam-gu Seoul E building 3rd floor F Co., Ltd. (hereinafter referred to as the "F"), and the representative director, H, and I, who was indicted as co-defendant and tried on July 1, 2010 after separation of pleadings, and each adviser, J, K, L, and M are the chief, respectively.

1. On February 26, 2007, with G, K, J, H, L, I, and I, the Defendant made a false statement to the victim D that “When purchasing F gift certificates, the victim D shall pay the interest equivalent to 35% of the principal amount at 10% per week for each ten weeks, and the principal shall be paid at 50% every three months and 50% every four months.”

However, there was no intention or ability to pay interest and principal even if F receives an investment in merchandise coupons from the victim due to the lack of particular profits.

The Defendants, in collusion with G, K, J, H, L, and I, by deceiving the victim D as such, sold merchandise coupons worth KRW 11 million in the said place, and sold merchandise coupons worth KRW 330,304,00 from February 26, 2007 to August 7, 2007 (K from May 21, 2007 to May 21, 2007) as indicated in the attached list of crimes.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business shall engage in the business of raising funds from many and unspecified persons without obtaining permission, permission, registration or report, etc. under Acts and subordinate statutes; and

The Defendant, together with G, K, J, H, L, I, M, from February 26, 2007 to August 7, 2007 (K, until May 21, 2007), agreed to pay D, etc. an amount exceeding the amount of investment in the future without obtaining permission, permission, or registration at the same place as the above paragraph (1), and imported the amount of investment in the name of merchandise coupon sales proceeds.

Accordingly, the Defendant conspiredd with G, K, J, H, L, I, M to receive the fund without delay.

Summary of Evidence

1. Each legal statement of witness B, D and G;

1. A protocol concerning the examination of suspect against Defendant K (including the part concerning N substitute)

1. Each of D, B,O, P, and Q.

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