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(영문) 서울중앙지방법원 2017.04.27 2016고단8590
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

The defendant, in Seocho-gu Seoul Metropolitan Government, is the E representative director, E representative director, and F, a planning director of the above company's planning room, who solicits an investment by taking an auction as a planning director, and the purpose of the establishment as stated in the corporate registry of the above company is film production and supply, computer hardware development and supply, real estate business, etc.

The defendant, the above F, and the persons related to the above company will attract customers by "it is possible to receive a successful bid for the auction building", and around August 2008, the defendant, the above F, and the above companies shall pay 10% interest per month on the loan amount if the customer pays the loan, and the principal shall be returned six months after the payment of the loan amount.

“False speech was made to the effect that it was “,” and made a false statement with the aforementioned content while being urged to give rise to an auction against the victim.

However, in fact, the occurrence of profits through the above auction was not clear, and even if the defendant and the above F received an investment under the name of a loan, 10% interest accrued each month at the monthly intervals due to the lack of the above company’s profits, the defendant and the above F have no choice but to take a "return" method of paying interest to senior investors from the investment funds received from the next priority investors. In short, as long as a new investor is not retained continuously, there was no intention or ability to continue to pay the high-rate profits agreed upon to the investors, or to return the principal more than six months thereafter.

Nevertheless, the defendant and the above F, in collusion, deceiving the victim as above, and transferred 50 million won to the national bank account under the name of the defendant on September 23, 2008 from the victim, and continuously the defendant received 50 million won from the victim during October 2008, and there is a need to make an additional investment to the victim in the middle of 2008.

“A false statement.”

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