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(영문) 서울중앙지방법원 2017.12.07 2017고단1976
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On April 27, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the judgment became final and conclusive on October 28, 2017.

[ criminal facts] The defendant is the representative director E of the company in Seocho-gu Seoul Metropolitan Government 5, 6, and 7, the representative director of E of the company in the above company's asset management business division director, and G is a person who recruits investors, and G is a planning director of the above company's planning and coordination office, and soliciting investment by taking an auction as a planning director.

The purpose of incorporation is film production and supply business, computer hardware development and supply business, real estate business, etc.

Defendant, F, G, and the persons related to the above companies, etc. are willing to attract customers by “it is possible to receive a successful bid for the auction building,” and around July 2008, at the above company office, the victim H (“the Defendant was young and was punished by an auction amount of KRW 3 billion. The Defendant was awarded a successful bid for the building of KRW 12 billion at the J, K, and K7 in the name of the company I, the representative director of which was registered, at least 12 billion if the Defendant was awarded a successful bid for the auction, and at least 500% if the customer pays the loan, the amount of the loan interest shall be 10% per month and the principal shall be returned after six months.

“Falsely speaking to the effect that it is “,” and making a false representation in the aforementioned contents while having been urged to give rise to an auction against victims.

However, even if the defendant, F, and G received an investment under the name of a loan, the interest rate of 10% at the monthly intervals due to the lack of the above company's profits, shall take the method of "return prevention" in the name of the first-order investor from the investment money received from the first-order investor. Thus, as long as the first-order investor is not retained continuously, there was no intention or ability to continue to pay the agreed high-rate profit to the investor or to return the principal after six months.

Defendant H. As above.

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