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(영문) 광주지방법원 2016.03.25 2015고단4667
사기등
Text

Defendant shall be punished by imprisonment with prison labor for one year and fine for 7,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation D (hereinafter referred to as "D") for the purpose of developing and distributing mushroom seeds in 505 dong-gu Seoul Building 505.

1. Fraud against the victim E (2015 high group 4667) on December 21, 2009, the Defendant made a false statement to the victim E, “The representative director of the five plant in the Republic of Korea, who is the representative director of the five plant in the Republic of Korea, and 50,000 won for one unit. In the case of investment in the seven unit, the principal is guaranteed, and the profits of KRW 600,000 for one month are distributed for six months, and thereafter, the Defendant divided the profits of the five factory in the five unit.

However, at the time of fact, the defendant's mushroom plant transferred monthly sales of KRW 10 million, and net profit did not occur only KRW 500,000 per month, and the defendant paid interest to the existing investors in the form of preventing the return of the investment from the new investor. Therefore, even if he received an investment from the victim, he did not have any intent or ability to pay the agreed high-rate profits and interest.

The Defendant: (a) deceiving the victim as above; (b) obtained KRW 7,045,00 on the same day from the victim; (c) KRW 6,000,00 on January 29, 2010; and (d) KRW 4,00,000 on January 22, 2010; and (c) received approximately KRW 5,000,000 on February 22, 2010 on the total amount of KRW 40 (one unit: 550,000); and (d) obtained KRW 22,045,000 on the sum of KRW 40 on the total amount of money invested; and (e) obtained the money from the victim.

2. Fraud against the victim F (2015 highest 4667);

A. A. Around December 30, 2009, the Defendant for the fraud of investment money has recently received a lot of income from the victim F in the above D office “Korea Company has been operating a mushroom plant in the Southern G in Massung-gun G and supplied it to this Maart.”

If an investment of KRW 8,250,000, each 15 old unit, in the form of sale, is made in the form of a new construction of a mushroom plant to create more profits, it will pay KRW 13,00,000,000, including the principal and dividends, every twenty five times every week thereafter.”

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