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(영문) 서울중앙지방법원 2018.12.07 2017고단6939
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2017 Highest 6939" was a person who operated "C", a similar recipient company in the Seoul Special Metropolitan City B and the second floor in Seoul Special Metropolitan City, and D (the summary indictment of the same day) is a person who receives fees from the defendant and attracts investors.

1. The Defendant sent to the victim E a text message “the creation of a shortest time tree in small capital, “C”, one code 50,000 won per month with the investment of KRW 20-300,000,000 won per month, KRW 1.2,20,000 won per month, and KRW 1,50,000 won per 1.5 million of the 10,000 won of KRW 50,000 (payment 2.4 times per the due date), etc.” to the victim E via the Internet Kakaox on July 24, 2016, Seoul, a book of the solicitation of investment funds.

In order to make an investment, it made a false statement to the effect that 2.4 times the principal of the investment shall be paid on 15 days.

However, in fact, the Defendant’s “C” did not have capital, and there was no particular business to create profits, and there was a plan to repay the investment amount received from the victimized party to the investors prior to the Defendant with the word “refluence from return,” such as returning the investment amount to the investors prior to the Defendant, and there was no other economic ability, and thus, even if receiving the investment amount from the victimized party, there was no intention or ability to pay 2.4 times the principal amount of the investment on 15 days, such as the foregoing text message.

Nevertheless, on July 25, 2016, the Defendant and D received 500,000 won from the victim’s victim’s victim’s victim’s false statement and received from the victim’s wife G bank account (H: H) in the name of F, his/her father, and received total of 3,5710,00 won from around that time to November 1, 201, as shown in attached Table 1.

Accordingly, the defendant acquired the victim's property in collusion with D.

2. Any person who violates the Act on the Regulation of Similar Receiving Acts shall pay the total amount of investment or an amount exceeding it to many and unspecified persons in the future without obtaining permission, permission, or making a registration or report.

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