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(영문) 대전지방법원 2017.03.09 2015고단2195
사기등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant A is the head of the Daejeon Center of “E”, a similar recipient company located in Seo-gu Daejeon, Daejeon, and Defendant B is the head office of the said “E” in Suwon-gu, Suwon-si.

1. On September 2013, 2013, the Defendants recommended the victim G to make an investment that “A has a master shopping mall located in the United States, which may purchase master goods, general miscellaneous goods, etc. at a low rate of 50% and may impose a lot of money if the Defendants registered as a member and join the lower level of members.” Defendant B held an investment presentation meeting and joined the said G as an investment presentation meeting and joined the lower level of KRW 1.450,00 won, after which A recruited the lower level of members and recruited the lower level of members a, the said allowances shall be paid KRW 1.88,00,00 for allowances, and if A recruited the lower level of members a second level of members, the said allowances shall be paid again if both the lower level of members are recruited, and if both the lower level of members are recruited, the lower level of members may obtain 400% investments, and if both the lower level of members become a member, the lower level of the lower level of members may be entitled to receive the lower level of investment code.”

However, in fact, the shopping mall business operated by E is merely a tool for attracting investors and does not actually engage in the business, and no profit was realized, and eventually, it is a structure that makes it difficult to pay the profits of senior investors with the investment funds attracting from the next-order investors. It can be sufficiently anticipated that the investment funds are in a state of financing shortage unless a member increases continuously and the member does not raise new investors. Thus, even if the investment funds are paid, there was no intent or ability to pay the agreed profits normally.

The Defendants acted in collusion with the victim.

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