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(영문) 서울중앙지방법원 2016.11.11 2016고단1938
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the purpose of fraud at the Seoul Central District Court, and the judgment became final and conclusive on August 17, 2013.

Although the Defendant was an investor of C Co., Ltd. (hereinafter referred to as “C”), the Defendant, who was a company that leases sapap apap from sap from sap to sap, entered into an agreement on the joint management and operation and management of funds with C on December 13, 201, which was the actual operator of C, and worked as “E” as a person who actually takes over management rights from that time, and operates C.

1. On December 28, 201, the Defendant in violation of the Act on the Regulation of Fraud of Investment Funds and Unauthorized Receipt of Funds, said, at the C office located in the Gangnam-gu Seoul Metropolitan Government F, that “If he imports the sapapapex from Spain to KRW 11 million per unit from Spain and lends it to a store, bank, hospital, etc., 4 million won per unit, he/she shall make profits per 100,000 won, and he/she shall pay 10% per month the profits from the principal of the investment, and return the investment principal after one year.”

However, at the time, C was unable to pay its employees' benefits, allowances, food expenses, etc. due to the exhaustion of the funds, and even if receiving the investment funds from the victims, it was impossible to make profits by purchasing or leasing juice juice machines, and there was no intention or ability to return the investment funds.

As above, the Defendant, by deceiving the victim G, received KRW 10 million from the Defendant’s national bank account (Account Number I) in the name of the Defendant’s H under the same day as the investment money from the victim.

In addition, from around that time to February 29, 2012, the Defendant, as described in [Attachment Table 2, 3, and 4] between that time, shall receive KRW 76 million in total from the victim G, J, and K, and shall take over KRW 76 million from the competent authorities, and without obtaining authorization, permission, registration, or reporting from the competent authorities, as described in the annexed Table between December 22, 201 and February 29, 201, as described in the annexed Table of Crimes.

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