(영문) 서울중앙지방법원 2016.02.25 2014고단9714

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(영문) 서울중앙지방법원 2016.02.25 2014고단9714

사기등

Text

[Defendant A]

1. The defendant shall be punished by imprisonment for two years;

2. Seized evidence as referred to in subparagraphs 1 through 8, 22 and 23 shall be confiscated;

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendants' right of defense, part of the facts charged was legally adopted and investigated by this court.

[criminal record] On January 30, 2009, Defendant A was sentenced to four years of imprisonment for a crime of fraud and a violation of the Act on the Regulation of Similar Receiving Acts in the Incheon District Court’s Branch Branch, etc., and completed the execution of the sentence on August 15, 2012.

[2] Defendant A was a person who actually operated the J Cooperative (hereinafter “Cooperative”) with the main office in the second floor of the Seocho-gu Seoul Metropolitan Government I Building 207 and 208, and Defendant A was a president. Defendant B planned the investment affairs of the Cooperative, managed the investment funds, etc.

"2014 Highest 9714"

1. Defendant A’s sole crime - fraud Defendant - From the above cooperative office around April 15, 2013, the victim K (the 67 years of age) borrowed KRW 50,000,000 to the victim K (the 67 years of age) and paid KRW 50,000,000,000 after one year, and the 5% of the profits if the profits were incurred from the cooperative as interest.

“.....”

However, there was no intention or ability to repay cosmetics from time to time due to lack of records of sale, which is the main business of the cooperative, and lack of ability to repay cosmetics with personal property of the defendant.

As such, the Defendant, by deceiving the victim, received money from the victim to the Korean bank account (M) in the name of the cooperative on the day from the victim, and acquired money from the victim.

2. Joint Crimes by the Defendants - Violation of the Act on the Regulation of Fraud and Similar Receiving Acts

A. The Defendants conspired with the Defendants to find a new business that would not become members of the cooperative, such as that the sales performance of cosmetics, etc. established as a major business was poor, and thus, the Defendants A sought a new business that would not become members of the cooperative.

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