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(영문) 서울중앙지방법원 2016.04.20 2015고단3535
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and three months, and by imprisonment with prison labor for six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant B was sentenced to four months of imprisonment for fraud, etc. at the Seoul Central District Court on September 25, 2012, and the above judgment became final and conclusive on March 1, 2013.

[2] The crime committed by Defendant A, as a general director of H, is a person who actually operates a cosmetic visit sales business while operating the cosmetic visit sales business. Defendant B is a person who is in charge of the operation of an adult amusement room, a restaurant, and a main store, and Defendant B, as the head of the above company, as an adult amusement room, a restaurant, and a main store, and the payment of investment explanation and dividends.

Defendant

A around April 21, 2011, the victim K introduced by the J that operates the beauty room in Seo-gu Incheon, Seo-gu, Incheon, would pay 4% interest per month to the victim K.

Defendant B stated to the effect that “Around that time, the above entertainment room asked whether it is a law,” and that “I believe, and make an investment, that there is no problem,” while showing the documents pertaining to the permission to the victim.

However, the Defendants operated the adult amusement room in Gangnam-gu Seoul Metropolitan Government L, not only installed a game machine that was not classified by the Game Water Rating Board, but also operated illegal business by exchanging free gifts and game scores in cash, so it was a situation in which it was impossible to charge interest payment by 4% per month even if the Defendants received money from the victims for the purpose of investment due to high control potential.

B. From around 2010, Defendant A was unable to use a credit card from J for the purpose of raising business funds, and was unable to pay the amount normally, and even if Defendant A received money from the injured party as the source of investment funds, Defendant A was required to pay interest to the injured party with the loan of financial rights or the investment funds collected from other investors in the form of “refiscing”, and the amount of KRW 120 million loan of financial rights and the amount of KRW 10 million loan of KRW 20 million.

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