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(영문) 서울중앙지방법원 2014.06.13 2013고단7511
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

On December 30, 2008, A was sentenced to 10 months of imprisonment with prison labor for violating the Act on the Regulation of Conducting Fund-Raising Business, etc. at the Seoul Central District Court on December 30, 2008, and on October 12, 2009, a person who completed the execution of the sentence in the one prison of the Jungbukbukbuk Branch Co., Ltd. is the president of the E-business, and Defendant B conspired to acquire money as a vice-chairperson of the above company and the sale

At around 14:00 on October 31, 2012, the Defendants conspired to attract investors, Defendant B made health functional foods at an enterprise called a stock company E, and made mass products in the petition, with the explanation of the business. Upon entering into this company’s agency sales license contract, the Defendants were able to store products and sell agency sales. In order to enter into an agency sales license contract, the Defendants made a false statement to the effect that the amount of 120% of the investment amount is divided into four months with the profits.

However, the Defendants did not provide funds for the manufacture of products, so they did not actually produce products, and even if they received money from the victims, they did not have the intent or ability to pay the proceeds promised with the victims by concluding an agency sales contract.

Nevertheless, the Defendants conspired to induce the victims as above and received 3 million won from the victims to E corporation account on November 8, 2012, and acquired 63,000,000 won in total from October 29, 2012 to November 22, 2012, such as the list of crimes in the attached Form.

Summary of Evidence

Defendant B merely participated in the investment consultation and solicitation from Defendant A, and argued that there is no conspiracy with Defendant A to commit the instant crime, but the following is alleged:

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