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(영문) 서울중앙지방법원 2014.08.21 2014고단4256
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On May 19, 2010, the Defendant made a false statement that “In the event that the Defendant invested L, an employee, in the L Office located in the 15th floor of the Gangnam-gu Seoul AY Building, in the L Office, to the victim FYA, the Defendant would return the principal of the investment after six months, and receive 10% of the amount invested every two months as a profit accrued from investing in the FBY car business.”

However, in fact, the Defendant did not have any special business ability to raise the above high-income, and there was no intention or ability to guarantee the principal and high-income as above even if the Defendant received the investment money from the new investors in order to pay the profits to the existing other business investors.

On May 19, 2010, the Defendant received KRW 10 million from the victim as investment money, KRW 50 million as the same name on May 29, 2010, KRW 140 million as the same name, and KRW 7 million as the consulting fee on June 4, 2010, respectively, from the victim to the account in the name of L corporation, respectively, on four occasions in total.

Accordingly, the defendant deceivings the victim and defrauds 27 billion won in total.

2. Crimes against the victim FC;

A. On July 9, 2010, the Defendant made a false statement to the victim that “When investing in L Co., Ltd. that makes an exclusive investment in FBrenk, the Defendant would return the principal of the investment after six months, and would receive 10% of the amount invested every two months as a result of the investment made in FBrenk business.”

However, in fact, the Defendant did not have any special business ability to raise the above high-income, and there was a situation in which the Defendant received money from new investors in order to pay profits to the existing other business investors, and ultimately, invested money from the victims.

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