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(영문) 서울남부지방법원 2018.11.15 2016고정1939
사기
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant served as the head of the team (director) in D', a corporation established to receive investment money from many unspecified persons by iceizing the sale of these agricultural products and health food, etc., and intended to attract investors, manage 50 investors recruited by himself/herself, and let investors invest money in the above company or buy goods, and then the Defendant is willing to receive allowances in return.

However, the above company did not have a normal profit structure through the sale of goods, and was not in a situation in which it is possible to pay profits to investors and repay principal within the period of promise. Therefore, since it was operated by the so-called “return prevention” method in which profits to senior investors and principal are paid to senior investors, the Defendant was aware that even if an investor made an investment, the said company cannot receive the profits agreed by the investor.

Nevertheless, the Defendant, at the above "D" office located in Gangnam-gu Seoul on October 1, 2009 in Seocho-gu in Seoul, will create a large amount of money to the victim F, and will have the victim F enjoy a unconstitutional house, and will have the 14 million won in charge of receiving the 14 million won.

“A false statement” means a false statement from the injured party on November 27, 2009, issued 14 million won at the account (G account number) with the Defendant’s name on November 27, 2009, and continued to pay money to the injured party on December 18, 2009 by making an investment if “a credit card is created and lent.”

“Falsely speaking,” the victim received one card and one foreign exchange card in the name of the victim on the same day from the victim, and settled the sum of KRW 5 million in total with the said card as investment money to D.

Accordingly, the defendant in collusion with C is about 19 million won in total.

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