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(영문) 수원지방법원 2019.01.30 2016고단6647 (1)
사기등
Text

1. The remainder of the judgment that held that Defendant A shall be punished by imprisonment with prison labor for 4 months for each of the crimes of 1 and 2-1 and 2-1 of 2016 Highest 647.

Reasons

Punishment of the crime

On November 6, 2008, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution at the Seoul Eastern District Court on November 6, 2008, and the said judgment was finalized on November 14, 2008.

The defendant is a person who actually operates a Do farming association corporation, which is a production and sales association of the new seeds seeds in the permanent residence C, and has operated a G agricultural corporation in the head of the Dong-gu Incheon Metropolitan City E building F.

1. On March 15, 2008, the Defendant made a false statement to the victim’s 5th floor of the Seocho-gu Seoul Seocho-gu Seoul International Building, stating that “The victim is making an investment in the D Agricultural Association that produces a new seeds seeds by inviting investors at the J level. When the D Agricultural Association member becomes a member of the J, 5% of the monthly investment amount shall be paid as interest and the principal shall be returned six months after the date on which the principal is returned.”

However, even if the victim receives investment money from the victim, it is thought that the so-called return is used as dividends, etc. to the existing other investors, and there was no intention or ability to pay the principal and interest to the victim as agreed.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the L Bank Account in the name of K totaling KRW 50 million, including KRW 30 million on March 27, 2008, KRW 10 million on May 14, 2008, and KRW 15 million on May 15, 2008.

2. Around April 23, 2008, the Defendant against the victim M made a false statement that “The victim recruited investors from the J and made investments in the D Farming Association. When a member of the D Farming Association becomes a member of the D Farming Association, 5% of the monthly investment amount shall be paid as dividends and the principal shall be returned after six months.”

However, even if the victim receives investment money from the victim, the victim's intention or ability to pay the principal and interest to the victim as agreed, is thought to prevent the so-called return of dividends, etc. to other investors.

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