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(영문) 광주지방법원 2016.05.18 2015고단5110
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

1. On January 26, 2015, the criminal defendant against the victim C may obtain profits from the victim’s “E” coffee shop located in Gwangjubuk-gu, Seoul, with the victim’s “E” farming association representing pigs. The principal may be guaranteed when making an investment.

“Around February 16, 2015, the victim, who received investment from the injured party, appears to have been able to make a proper payment of the profits by investing in the Ams Farming Cooperative, and demanded the victim to pay the profits at a place where it is unknown on February 16, 2015. The interest that the victim invested in the Ams Farming Cooperative by investing the money in F at the face of the week, will be added to the interest that the victim invested in the Ams Farming

“” means to the effect that, on March 12, 2015, the victim demanding the payment of proceeds at a place in which the place of light is unknown, “to make an investment in G at the prime place of payment of the proceeds and return the proceeds from the investment in Ams Agriculture Cooperatives with the proceeds.”

“.” The purport was “.

However, in fact, the above companies did not have a normal investment source as a structure to pay profits by the so-called “financial skin,” and the Defendant received money from the damaged parties and repaid some of them to other investors and victims with profits, and as a part of them was thought to be used as the Defendant’s living cost, even if receiving money from the damaged parties, it was impossible to repay the principal of the investment amount or make profits therefrom.

However, Defendant 1 received 5 million won in total from the damaged person, such as the Plaintiff’s false statement, around January 26, 2015, to the Gwangju Bank account in H’s name, around January 26, 2015, and received KRW 50 million in total from around that time to March 20, 2015.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 26, 2015, the criminal defendant against the victim I shall be the victim’s money invested in Auss farming associations in the mutual influent restaurant located in Hes farming associations in Gwangjubuk-gu.

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