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(영문) 서울중앙지방법원 2016.08.25 2014고단7589
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 464,500,000 won to the applicant through fraud.

Reasons

Punishment of the crime

[Criminal Records] On January 29, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court. The same year

7. 30. Termination of the execution of the sentence, and on May 30, 2014, the same court was sentenced to six months of imprisonment for the same crime, and the judgment became final and conclusive on October 20 of the same year.

[2] The Defendant, “2014 Highest 7589,” in promoting a performance planning project, has been operating the project by attracting investment funds from other persons and operating the project using the funds. A performance of “D” promoted around April 2007, resulting in approximately KRW 1 billion due to failure, and thereafter, incurred approximately KRW 7-80 billion due to the occurrence of the enemy’s continuous performance.

Defendant 1, as seen above, did not pay excessive debts, but did not receive any particular income, and did so as to engage in the entertainment business that raises entertainers to victims E by introducing them around December 2010, as if they were engaged in entertainment business, and did not receive money to receive the said money, which is deemed to require the funds for entertainment promotion.

On February 18, 2011, the Defendant made a false statement to the victim E at the G coffee shop located in the Daegu Suwon-gu, Daegu-gu, stating that “If the Defendant makes an investment of KRW 40 million in the necessity of the annual promotion fund, 20 million as a profit” to the victim E.

However, the Defendant was unable to pay profits because of his failure to implement an entertainment promotion project, and as such, there was no intent or ability to pay money even if he received money from the injured party as the Defendant bears a large amount of debt as above.

The Defendant received 30 million won from the injured party to the account of the Defendant on the same day, and acquired the money by obtaining the totaling KRW 53,400,000 from the time to June 17, 201, as shown in the attached list of crimes, from the time to June 17, 201.

The defendant of "2014 Highest 9624" shall, while promoting a performance planning project, attract investment funds from other persons, and use such funds.

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