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(영문) 수원지방법원 평택지원 2017.12.21 2016고단1741
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

All of the applicants' applications for compensation are dismissed.

Reasons

Punishment of the crime

"2016 Highest 1741"

1. The fraud, around November 2013, established “G (hereinafter “G”) under the name of F, a branch office of G (hereinafter “G”) and carried out the business as the head of G’s branch office in the U.S., and H is carried out as the head of G’s head office in charge of explaining and publicizing the business of G. The Defendant, while carrying out as the head of the general headquarters in charge of carrying out the events to G and preparing documents necessary for the business explanation, was willing to receive investments from many unspecified investors through a meeting of G business explanation at each country.

At the end of November 2013, the Defendant, along with H, raised funds to invest in the U.S. headquarters as the head of G's branch office having its head office in the U.S., while H is the head of G's head office in the U.S., and the Defendant raised funds to invest in the U.S. headquarters.

In order to make an investment, 150% of the amount invested shall be paid once a week in total, 15 times a week, making a false statement to the effect that an investment is made.

However, in fact, G was not a company actually existing, and most of the investments received from victims were paid to investors in the form of earnings and various kinds of allowances, and the company operated by E was a company that was unable to generate profits due to the lack of funds and production facilities, and therefore, it was a company that was operated by E, and therefore, it was inevitable to operate the principal and earnings of the investment funds of the prior investors in an appropriate manner with the investment funds of investors. In addition, E was a bad credit holder at the time. The Defendant, E, and H did not have the ability to pay the principal and earnings promised to the victim even if they received money from the victims due to the absence of fixed income

Nevertheless, the Defendant, in collusion with E and H, deceivings the victim, and received KRW 16,80,000 from the victim to the foreign exchange bank account in the name of F on February 3, 2014, and received KRW 16,80,000 from December 10, 2013.

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