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(영문) 대전지방법원 2018.04.25 2017고단4018
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 19, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gwangju District Court on April 201, and the judgment became final and conclusive on the 27th of the same month.

Around March 8, 2016, the Defendant stated to the effect that “Around March 8, 2016, the Defendant purchased “H” commercial buildings of the first floor of the Busan G from F Co., Ltd., a domestic representative, for KRW 1.5 billion, at the victim E’s office located in Gwangju-dong C and the fifth floor,” and that “Around the future, the Defendant would make an investment of KRW 3.3 million, 6.6 million, 9 million, 9.9 million, 140% of the investment amount by dividing the investment amount into KRW 200,000,000,000,000,000,000 won, if the investment was made at the low price of the second, third, and fourth floors.”

However, the defendant is not the representative director of the above corporation F, but merely raises investors by lending the above corporation's name. The defendant did not purchase the first floor H commercial building of Busan G, and actually paid the money received from several investors, but did not have any intent or ability to raise a certain amount of profit even if he received an investment from the investor.

Nevertheless, the defendant, by deceiving the victim as such, received 3.3 million won as an investment from the victim of the same day, under the name of X-SS., as well as from around that time.

4. From the time of 16th day to the same manner, the victim acquired the total amount of 59.1 million won invested from 8 victims over 12 times, such as the written list of crimes in the same manner.

The Defendant, around March 2016, 2016, operated the “H” store located in Busan in the FO and the second floor of the Seoul Special Metropolitan City Special Metropolitan City, a corporation with the inside representative of the corporation FI and the second floor. The Defendant was raising sales of at least KRW 10 million per day.

A false statement is made to the effect that if the company makes an investment in one unit (3.3 million won) of the company, it would pay 150% of the investment amount as profits.

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