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(영문) 서울중앙지방법원 2018.05.02 2017고단6106
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant called the victim C at the E Office located in the fourth floor of the Gangnam-gu Seoul Metropolitan Government D building, saying, “I would make an investment in the mobile merchandise sales business in Korea, and I would make an investment to pay the profit per week.”

However, as long as the defendant's investment in gift certificates through the gift certificates business that he/she has decided to make an investment, and only some of the funds received from investors, such as victims, etc., are invested in gift certificates business, and the remainder is intended to be used for the payment of investment profits, the management expenses of the company, the repayment of personal debts, etc., and as long as a new investment is not continuously made, there was no intention or ability to pay

Although the defendant, the defendant had had investors such as the victim, etc. make a mistake in receiving re-investment instead of paying profits to investors such as the victim, etc., and had the victim entices the victim as if they could pay the profits of normal investment to the defendant.

The original facts charged are as follows: “However, the Defendant had a plan to acquire investors’ funds by pretending that only a part of the funds received from a large number of investors under the pretext of a merchandise coupon sales business and received funds for purchase of merchandise coupons and received re-investment instead of paying profits, and there was no intent or ability for investors to pay investment funds or profits.

Although written as “,” it partially changed the content of the charge’s deception to the extent that it does not impair the identity of the content of the previous charge’s deception.

On the same day, the Defendant received a total of KRW 96,400,000 from the injured party as investment money from April 25, 2014, from that time, from that time to April 25, 2014.

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