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(영문) 서울중앙지방법원 2017.04.20 2016고단9230
사기등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] On October 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Fraud and Similar Receiving Act at the Seoul Central District Court on 1st and June, 2016 and on October 15, 2016, and was finally decided on 2nds of punishment related to fraud.

[2016 Highest 9230]

1. The Defendant, as the actual operator of KK’s interest in the building 1509 in Gwanak-gu, Seoul Special Metropolitan City, held a business presentation meeting at the office of the above (ju) K around July 2015, held 40% of the shares of (ju) K representative director L, including the victim C, and (ju) is constructing a medical waste treatment business site at the NAE Eth, Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City.

The above workplace is completed in 2016, and the annual income reaches 20 billion won.

If investment is made due to a big financial resource, not only guarantee of principal but also income will be paid as lifelong allowances.

If 50,000 won is invested, members may join, and if 50,000 won is made as a subordinate organization of 6 persons, 50,000 won of shares and 1,00,000 won of shares are paid every month separately from allowances.

If there are 10 Lbaba, 10,00 won shall be paid 100 shares and 1,000,000 won each month at a fixed monthly rate, and the company shall be entitled to pay 1,70,000 won each month of sirens, BMW, and Benz among coos to pay 1.7 million won each month.

The purpose was to make a false statement to the effect that if an investment of KRW 130,00 won is made and one person is recommended, or if an investment of KRW 260,00 won is made without recommendation, 20,000 won for recommendation allowances, 3,000 won for support allowances, and 40% of the company sales is made on every week.

However, the fact is that (State)M did not build a medical waste treatment plant in the Dogwon-gun N, and thus, it could not be completed in 2016. Accordingly, it could not be ensured that annual income amounting to KRW 20 billion. The Defendant invested in profit-making business or profit-making business that could guarantee principal and lifelong income.

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