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(영문) 서울중앙지방법원 2017.04.26 2016고단8754
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Regulation of Fraud and Similar Receiving Act at the Daegu District Court, and the execution of the sentence was terminated on January 18, 2013.

On November 2013, the Defendant operated the “D Mart” located in Soyang-gu Seoul Metropolitan Government C.

E intended to take over the above "D E" from E, and there was no fund to pay the above Mte acquisition price, and in collusion with E, planned to receive the investment money by creating a large amount of profit from the above Mte-related business and receiving a high rate of profit as if the investors were to pay the high rate of profit.

However, the above "D E" was in a situation where the operating performance was low and was unable to make profits. Even if investors receive investments from the investors, it is inevitable to take the method of repaying the principal and profits to the existing investors with investments induced by the next-class investors. Thus, as long as a new investor is not retained, the financial foundation was weak, such as the possibility of not paying high-rate profits agreed upon to investors, so the defendant or E did not have an intent or ability to pay high-rate profits agreed to investors.

Nevertheless, the Defendant did not obtain authorization or permission on the similar receiving business, and around March 12, 2014, at an investment office of “G” No. 1604, Seoul Special Metropolitan City F building B, Seoul Special Metropolitan City, the Defendant made a lot of profits from operating a marina in selling home products, etc. to the victim H.

If one million won is invested in this project, 120% of the principal will be paid by paying 30 times the amount of the investment every day except on holidays.

“The purpose of “” is to explain the investment to the effect, and E agrees to guarantee the principal of the investment and to pay the amount in excess thereof by purchasing household goods, etc. from the next side and explaining that a large amount of proceeds will occur if sold.

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