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(영문) 부산지방법원 2014.08.14 2014고단5106
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of J, a corporation established for the purpose of general investment, etc. on the second floor of the Gangnam-gu Seoul International Building, and the defendant B works as the head of the Busan branch office of the above company and is in charge of investor recruitment and investment explanation.

1. Defendant A, the Defendant, even though he received investment money under the pretext of raising its value by acquiring a company listed on KOSDAQ through a merger and normalizing its management, the said company did not have any profit-making business that actually incurs profit, and even if it received money under the pretext of a high-rate profit payment by making it clear whether to profit-making profit-making, and thus, even if it received money under the pretext of an investment deposit, it is in the situation where it is required to spend a portion corresponding to the profit dividends on the existing investment deposit, and if it fails to attract new investment, it would be difficult to pay the investment principal, and even if it is in the situation where it is difficult to attract new investment, the Defendant, by deceiving investors to the effect that an investment in the said company can distribute a high-rate profit

On July 2013, the Defendant made a false statement to the effect that, in the office of Busan branch office of the above company located in the Busan branch office of the Busan branch office of the Busan branch office, or through B, etc., a director of the above company, the Defendant would pay 7% dividend every month and return the investment principal after three months. However, as described above, the Defendant did not have any intent or ability to pay the agreed dividend and the investment principal even if he received the investment principal from the victim, even if he did not receive the investment principal from the victim.

As above, the Defendant deceptioned the Victim L and received gold KRW 100 million around July 12, 2013, and deceptioned the Victim M by the same method, and received KRW 20 million around July 25, 2013, and the Victim N.

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