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(영문) 서울중앙지방법원 2019.02.21 2018고단6999
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. Around May 25, 2012, the Defendant against the victim B opened a business explanation meeting at the office of Gangnam-gu Seoul Metropolitan Government Co., Ltd. D (hereinafter “D”) and made a false statement to the effect that “D has invested in the development project of amusement facilities, such as a high-quality pension of a size of 600,000 square meters from the Cheongbuk-gun, and has already been developed more than 90%, and the development has been completed, the Defendant may earn enormous profits. Upon investing in D, the Defendant would guarantee the principal of the investment and pay an amount equivalent to 120% of the investment amount as an allowance, and, specifically, if investing in KRW 10,000,000,000 per week thereafter, the Defendant would pay allowances from the first week to the date of every two million won.”

However, the Defendant was planning to use the investment funds received from investors including victims as allowances and office operating expenses for existing investors, and D did not have invested in the development project of amusement facilities in the Chungcheongbuk-gun, and as long as there was no fact that there was any profit-making business other than the recruitment of investment funds, the Defendant could not be paid high-rate allowances to investors as long as there was no continuous increase of new investors due to the lack of the fact that there was a profit-making business other than the recruitment of investment funds. Accordingly, the Defendant did not have the intent

Nevertheless, the Defendant, however, is worth KRW 5 million around May 31, 2012, under the pretext of investment from the victim.

6.1.Around 10 million won;

6.7.Around July, 2000, a total of KRW 25 million was received in cash and acquired through deception.

B. The Defendant against the victim E is the defrauded around June 11, 2012.

A project explanation meeting is held in the office mentioned in the port and D'D will make soup projects in Gangwon-do and expand soup projects to the nation through a free franchise, thereby gaining more enormous profits.

D In the event of investment, the principal shall be guaranteed and the investment shall be 140%.

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