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(영문) 서울중앙지방법원 2020.05.08 2019고단7522
사기등
Text

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

Reasons

Punishment of the crime

1. Around June 2018, the Defendant was paid an allowance to the class of director-general after joining the director-general of the headquarters of the Dispute Resolution Co., Ltd. (hereinafter “B”), which is a multi-level sales organization (hereinafter “B”), by which B was paid the principal and high-rate allowances to the existing investors with only the investment funds of investors as its revenue source, and caused the damage that B could not pay the profits to the existing investors.

Accordingly, according to the proposal of C, etc., the defendant established a new multi-stage sales organization D (hereinafter referred to as "D"), recruited investors, recruited investors, and solicited B to compensate for the victims of the investment and divide the profits therefrom.

In early February 2019, Defendant, C, etc.: (a) at the D office located in the Guro-gu Seoul Metropolitan Government E-building F on February 2, 2019, the Defendant invested the victim G, etc. with the effect that “if the development of the unmanned loan equipment is sold, installed, or entrusted to a conventional market, etc., profits, such as a loan fee of not more than 3,00,000 won, accrue; (b) six persons shall invest in 5,500,000 won, respectively, one of the fake loan equipment of not more than 33,000 won, from March 2019 to ten (10,000 won per month; and (c) one hundred and sixty (600,000,000 won per first order) are guaranteed; and (d) make prompt investments in the D office with the intent of making a false statement to pay the recommendation allowance and allowance according to the grade and performance of recruitment.”

However, in fact, the above unmanned loan business is merely the starting stage of the business and could not receive profits from the business, and it is inevitable to operate the business by the so-called “commencing” method that pays the principal and high-rate allowances to the existing investors with the investment funds as revenue source, so insofar as subordinate investment funds do not continuously increase in water supply, the principal and high-rate of the victim is the principal and high-rate.

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