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(영문) 서울동부지방법원 2017.10.30 2016고단4073
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years and six months for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on July 11, 2017.

around May 31, 2013, the Defendant: “Around May 31, 2016, the 2016 Highest 4073 Defendant leased the 5th floor of H hotel in detail in the Philippines to the victim G at the F Business Office of the F Co., Ltd. in which the Defendant in the second floor of the Gangnam-gu Seoul E building was actually in operation. The Defendant set up and operated 200 slot machines permitted to do so.

Through this, it is anticipated that a maximum of 50 billion won will be operating profit, and the estimated profit per slot machine will be KRW 10 million per month even though it is expected that it will be 10 million per slot machine.

If an investment in this project is made, the amount equivalent to 20% of the monthly investment amount shall be paid as a profit, and the total amount of the principal shall be returned after one year.

However, at the time of fact, the Defendant was unable to operate a slot machine business due to the lack of the fact that the pertinent business was permitted by the competent authorities of the Philippines, and there was no specific plan to expect a huge amount of profit from the business as promised to investors. Even if the Defendant received money on the pretext of the investment money in the game business, there was no choice but to pay the profits continuously or to return the principal to the existing investors as if it was the profit accrued from the business. Therefore, there was no intention or ability to return the profits continuously or the principal.

Nevertheless, the Defendant: (a) by deceiving the Victim G, and affiliated therewith, received KRW 10 million on May 31, 2013 from the Victim G as investment funds for the game business.

In addition, from that time to September 25, 2015, the Defendant received each corresponding amount of money (a total of KRW 145 million) indicated in the column for “amount” from four victims, such as the list of crimes in the attached Table.

"2016 Highest 4313"

1. The Defendant: (a) around June 20, 2014, at the J office in Guro-gu Seoul Special Metropolitan City (J office located in 501, Guro-gu) for the Victim K (k).

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