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(영문) 서울남부지방법원 2020.08.20 2020고단1408
사기등
Text

A defendant shall be punished by imprisonment for three years.

269,030,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant of "200 Man-Ma1408" is a person who is working as a representative director of the change to E on May 27, 2019, and has overall control over all affairs, such as explanation of the investment of the above company, receipt of investment money, management of investment money, etc., when he/she is working as a representative director of the company that is a consignee of the export and import of clothes, shoes, bags, and leather products located in the Guro-gu Seoul Metropolitan Government B building C.

1. The facts of fraud are that even if the Defendant received money from the victims, who are investors of the above company, for the purpose of investing in the borrowed goods import business, there is no profit-making business for which 160% of the invested principal can be paid within 12 weeks each week in every 5% of the invested principal and 60% of the invested principal can be paid within 13 months from the 13th anniversary of the payment of the investment principal. The above profit-making business among the received amount of the investment was extremely low, and there was no net profit accrued therefrom. Accordingly, the Defendant continued to receive senior investments from the above 130,000,000 won of the invested principal, and in such a way, it was impossible to pay the investment principal to investors, and the above investment principal cannot be paid to the victims as of June 20, 2019.

In addition, from around 2017, the Defendant had been responsible for the Defendant’s debt amounting to KRW 500 million while running the business chain F, and was faced with very difficult circumstances, such as wages and retirement allowances, due to low profits, etc., the Defendant received investments from the victims, and used them for the repayment of debt and operating expenses of the said company, or for the Defendant’s personal debt repayment and living expenses.

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