beta
Text
Defendant
A Imprisonment with prison labor for two years and for six months, respectively.
However, this judgment is delivered to Defendant P.
Reasons
Punishment of the crime
【Crimes by Defendant A, 2016 high group 4447, Defendant Q (hereinafter “ Q”) and R (hereinafter “R”) were operated by the Defendant.
1. On June 27, 2015, the Defendant’s fraud against the victim S is in the office of Qgu located in Gangnam-gu Seoul, Seoul around June 27, 2015; Q head office is in the Red bean; Q head office is in the business of investing in derivatives financial products (FX); and also in the business of managing franchise stores for the sale of goods.
If investments are made in Q, principal will be guaranteed and high interest will be paid.
“.............”
However, the fact is that Q head office is a juristic person without substance, and Q head office is operated only by the investment funds received from investors without own capital, and Q2 operated by the defendant does not run the business, such as derivative financial product investment, and there is no other profit-making business. Thus, even if the victim received an investment from the victim, there is no choice but to use a considerable portion of the investment funds for the payment of profits to the prior investors. Thus, there is no intent or ability to pay the principal and profit to the victim.
On June 29, 2015, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the one bank account in the name of R as an investment deposit, and received the said money from the victim to August 18, 2015 as a total sum of KRW 230,000,000 from that to 11 times, as shown in attached Form List of Crimes (1), from that to that of August 18, 2015.
2. On September 23, 2015, the Defendant: (a) around September 23, 2015, purchased a large quantity of inventory goods at a RR office located on the nine storys of Seoul Gangnam-gu V Building; (b) purchased a large quantity of inventory goods at a high price; and (c) raise enormous profits from selling them; and (d) recruited agents throughout the country to conduct the franchise business.