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(영문) 서울중앙지방법원 2012.09.19 2012고단1981
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. A. Around October 2007, the Defendant made a false statement to the effect that “A victim I was aware of the fact that G was a regular manager of G while making an investment in H’s H business by borrowing an investment in the company’s regular business from around December 2006, the Defendant: (a) purchased the company’s stocks at the place of F&A; (b) purchased the company’s stocks at a high price and sold them at a high price; (c) 5% of the principal amount shall be paid in advance as allowances; (d) 5% interest per month shall be paid for three months; and (e) the principal shall be returned for three months thereafter; and (e) the losses incurred by the trust and investment of G would be compensated for as a lump sum; and (e) the special management will be harmed.”

However, the facts are that the defendant is not the Chairperson of the F Stock Company, and the F Stock Company is merely a person in charge of attracting investment in the company that receives investment funds in the name of the F Stock Company. The F Stock Company is also a person who receives investment funds without permission, and the F Stock Company operates the business by returning the interest and principal of the senior investor's investment funds, but does not run the financial asset management business that remains operating profits. Therefore, the Defendant did not have any intent or ability to pay the principal and interest while keeping operating

Nevertheless, the Defendant, by deceiving the victim as such, received from the victim to the Defendant’s post office account on November 30, 2007, KRW 20 million on or around December 9, 2007, KRW 16 million on or around December 16, 2007, KRW 50 million on or around December 28, 2007, and KRW 120 million on or around February 2, 2008, and acquired the money as a loan.

B. On February 22, 2008, the Defendant continued to do so.

In the F Office in the F Office described in the paragraph, the F Company has changed its name to the name of J and continued to work as the Chairperson.

B.5% of the principal shall be the trust and loaned.

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