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(영문) 서울중앙지방법원 2017.10.31 2016고정3644
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a director of the functional health foods sales chain (ju)C from January 2014 to the present date, who actually operates the said company.

The Defendant, along with a large number of business operators, conspiredd to acquire money from many unspecified people by iceing the import and sale of health functional foods in Canada.

Thus, even if the defendant and the above C received money from the victims as investment money, they did not have the intent or ability to normally conduct the import and sale business of functional health foods, and they could not make profits from the business, and eventually, they did not have to take a method of repaying the full amount of investment money or the excess amount to the existing investors in order by using the investment money held by the next priority investors ("the prompt return"), and under such business structure, it is clearly anticipated that the high-rate allowance agreed upon to the investors, including victims D, should not be paid unless the new investors continuously increase in water supply. Thus, there is no intention or ability to pay the agreed high-rate profit to many investors, including victims D.

Nevertheless, on July 14, 2015, the Defendant is a company that sells health functional foods produced in Canada to the victim F at the above C office located in Mapo-gu Seoul Mapo-gu Seoul E 207.

On the face of the membership fee, the health functional foods were automatically collected, and the principal may be guaranteed, and an allowance of KRW 1,00,000 may be paid every month after one month. The member was transferred from the above F to KRW 538,000 on the same day.

In addition, from April 8, 2015 to July 14, 2015, the Defendant obtained a total of KRW 8270,000 from two victims, such as the list of crimes, and obtained a delivery of KRW 8270,000 from two victims.

2. The judgment of this Court is duly adopted and examined by this Court.

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