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(영문) 인천지방법원 2017.11.29 2017고단6838
사기
Text

Defendants shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on September 26, 2012 and completed the execution of the sentence at the Seoul Detention Center on March 28, 2013.

Defendant

B On August 30, 2011, the Incheon District Court sentenced one year and six months of imprisonment for fraud, etc. at the Incheon District Court on September 13, 201, and five months of imprisonment for fraud at the Incheon District Court on August 14, 2013, which was released on August 14, 2013 during the execution of the sentence, and the parole period expired on September 14, 2013. On August 17, 2017, the judgment became final and conclusive on October 10, 2017.

[2] Defendant B is an actual operator of “G Agricultural Partnership” and Defendant A, as a representative of the said legal entity, intended to invite investors after explaining the investment.

Defendant

A, on February 15, 2015, at a personal office located in BE in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) 902, “A shall allocate the victim BF a unit of KRW 10 million and shall, instead, pay 2,500,000,000,000,000 including the principal of each month, for the entrusted raising with the proceeds, and restore the principal for four months, and pay twice the principal invested after eight months.” The Defendant B explained to the same effect as the victim at the office of the Seoul Special Metropolitan City, which is located in Dengu population H.

However, in fact, there is no profit business that can definitely return 200 percent of the principal of the investment to many and unspecified persons only for eight months, and since there was no profit acquired from the above profit business, and the Defendants continued to receive the investment money with the next priority investment deposit under the term "return" method to which senior investors pay the above money, as agreed upon by the investors, it was eventually impossible to return twice the principal of the investment within eight months as agreed upon by the investors.

Nevertheless, the Defendants are also victims.

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