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(영문) 서울중앙지방법원 2012.09.21 2012고단1616
사기
Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

[Criminal Justice] On January 15, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on February 19, 201, and the judgment became final and conclusive on February 19, 201, and completed the enforcement of the sentence at the Seoul Detention Center on March 26, 2012.

"2012 Highest 1616" Defendant was engaged in the wholesale business of bail under the trade name "D."

In China, the defendant planned to attract funds necessary for processing and selling the stone for release on bail.

Around October 2007, the Defendant: (a) collected the Victim G, etc. from the Masan-si Ecafeteria and the Masan-si F hotel second-class restaurant; (b) held an investment explanation meeting through H, a person in charge of attracting investors; and (c) held the investment explanation meeting; (d) stated, the Defendant stated, “The participants may make an investment in this project that would be able to see considerable profits if processed and sold after importing the spon in China’s Cheongdo. In doing so, the Defendant may receive the principal and revenue of each week from that time, and may recover 150% of the investment amount from that of 22 weeks.

However, in fact, the Defendant did not have been specifically promoted in order to import spam from the Chinese Cheongdo, and the investment funds received did not invest in the spam import from the spam, but rather paid to investors a dividend for each share of profit, or used the 1st floor "D" rental fee of the Masan-si I art hall and the spam expenses.

In addition, even if there is no special profit, there is no intention or ability to repay the investment from investors to 150% in the 22th century.

Nevertheless, the Defendant, as such, by deceiving investors, received KRW 5 million from the victim G to the Defendant’s foreign exchange bank account as the investment money around November 1, 2007, and received from October 25, 2007 to January 22, 2008, all of the 309,277,000 won from the 19 victims, as shown in the attached crime list (1).

"2012 Highest 1814" accused.

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