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(영문) 서울중앙지방법원 2014.07.17 2013고단3787
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

On November 9, 2011, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on the 17th day of the same month.

"2013 Highest 4514"

1. The Defendant is a company G representative director established for the purpose of manufacturing and selling cosmetics on the fourth floor of the Seoul Gangnam-gu Seoul Metropolitan Government F building.

Although the Defendant made a new development of water purifiers and a 18-year contribution that can replace the 18-year contribution, and decided to make an investment under the pretext of manufacturing and selling an instrument to remove the skin from H which is a cosmetics company, even if it has received the money under the pretext of investment money, the above company has not been actually engaged in a profit-making business, and even if it has received the money under the pretext of investment money from the investors since the creation of profits is unclear in the beginning stage, it is impossible to pay the investment principal if it fails to attract new investors.

Nevertheless, around August 29, 2011, the Defendant made a false statement to the victim JJ stating that “G company will make new technology development of water purifiers and an amount of rent that can be substituted for 18 gold, and make high profits by investing in the H cosmetic manufacturer company. If the Defendant makes an investment of KRW 2880,000 in one unit of money, 30,000 won shall be paid in 96 times per day every five days from the date of the investment, and in return for the investment, 60,000 won shall be paid in installments and 60,000 won per unit of money every five days from the date of the investment.”

However, in fact, the Defendant was unable to make profits through the above business even after receiving the investment money from the victim, and the Defendant did not have the ability or intent to pay the investment money if there is no inflow of a new investor due to the situation that should be paid from other investors.

The defendant deceivings the victim as above and receives KRW 8,640,00 from the victim who was in his seat.

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