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(영문) 서울중앙지방법원 2016.08.24 2016고단4253
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant of "2016 Highest 4253" is a person who served as the representative of corporation E with the fourth floor of the Gangnam-gu Seoul Metropolitan Government D building.

The Defendant had expressed the “business of installing and operating machines extracted from figures in China” to acquire money from unspecified persons.

Therefore, Defendant and E did not actually operate the above business, and there was no fact that sales or profits were generated through the above business. Moreover, even if they received investments from many investors, such as victims S, etc., they did not have a plan or ability to create sales or profits by using the investment money. As such, they did not have to take a method of paying the total amount of the investment money or the amount in excess thereof to the existing investors by using the investment money kept by the next-order investors. Under such business structure, there was no intention or ability to pay the agreed high-rate premium to the investors, so long as it is clearly anticipated that the new investors would not continuously increase in the supply and demand of the remaining investors, there was no intention or ability to pay the agreed high-rate premium to the investors, such as S.

Nevertheless, around April 8, 2014, the Defendant sent the victim S a 5-story office in the fifth floor office of the building near the Y of the Gangnam-gu Seoul Metropolitan Government, “E is a company that pays profits from the operation of personal extraction business after sending the machine, which is a spomulized in the domestic market, to the Chinese market.

If we deposit KRW 10 million in our company, we will return the principal and interest amount of KRW 12 million (120% of the investment amount) over 30 times every day for 30 days except Saturdays and holidays.

“Falsely speaking,” and it received KRW 3,000,000 from S in cash.

In addition, from that time to August 11, 2014, the defendant totaled 92,620.620.

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