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(영문) 서울남부지방법원 2018.12.07 2018고합353
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

From around 2014, the Defendant received investment money from several investors, such as C, under the pretext of using the title of “B representative” and conducting overseas futures trading, etc., and on June 2, 2016, the Defendant was the victim E who met with C’s introduction from the coffee shop located in the first floor of Yongsan-gu Seoul Metropolitan Government D shopping mall on June 2, 2016, and made a stable investment.

If an investment is made to B, 2% of the monthly investment amount shall be paid as a profit, and the principal shall be repaid after the agreed period expires.

“B has shown stable management performance, such as recording black people every year since its establishment in 2010.”

issued a company introduction statement stating "......"

However, in fact, from around 2014, the Defendant received approximately KRW 3 billion investments from investors in order, and invested only a part of them in futures trading, etc., and paid a monthly profit of KRW 2-3% for existing investors. In addition, in the futures trading in part, there was no intent or ability to refund the investment money received from the damaged investors when reporting continuous loss in the futures trading.

Nevertheless, the defendant - who makes a false statement as above and thereby belongs to the defendant - - - 50 million won on June 2, 2016, and the same year.

6. 14.10 million won, and the same year.

8.12. 50 million won, per year;

9. 27. 50 million won, per year;

9. 30.50 million won, KRW 150 million on June 10, 10 of the same year, KRW 50 million on October 5, 10 of the same year, KRW 100 million on October 10 of the same year, KRW 19.10 million on October 19 of the same year, and KRW 200 million on February 10, 2017, were transferred to the F Bank account (Account Number: G) in the name of the defendant under the pretext of investment and acquired a total of KRW 80 million on nine occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police investigation report (referring to a report on the investigation of each police station, 19, 23, 24, 36, 37);

1. E:

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