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(영문) 서울중앙지방법원 2016.02.03 2014고단3788
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2014 Highest 3788"

1. The Defendant served as a general director of C Co., Ltd. established for the purpose of manufacturing rolling stock erosion.

On September 26, 2006, the Defendant, in collusion with D, E, etc., recommended investment in the above company office located in the Ftel 1210, Gangnam-gu Seoul Metropolitan Government Ftel 1210, and the Defendant, “ our company creates high profits by engaging in the business of manufacturing rolling stock erosion and US dollars with waste vinyl.”

A false statement was made to the effect that if a company makes an investment of KRW 11 million in the old unit, it would distribute profits of KRW 130-1,400,000 per month as business profits, and would make a payment of principal without molding the principal three months after the date of the investment.

However, the above company at the time, as an enterprise receiving similar profits as a small number of employees, has disbursed most of the investments received from the next-order investors as dividends, various allowances, employee pay, etc. of senior investors, and does not engage in the scam manufacturing business, and there was no assets or profit-making business to the extent that it is impossible to realize considerable profits within a short time due to the absence of assets or profit-making business, and there was no intention or ability to pay high profit-making dividends by operating a profit-making business, even if it receives investments from the damaged party due to the situation where it is impossible to escape from bankruptcy unless the investor's unlimited expansion is made.

Nevertheless, the defendant et al. was delivered KRW 29 million from the time when he/she knew the victim and received the delivery of KRW 33 million on the same day from the victim, from October 13, 2006.

In addition to Defendant 1, as stated in the list of crimes in the attached Form, the seven victims were deceiving by the above method, and the victim was delivered KRW 473 million in total from the victims.

"2015 Highest 3287"

2. The Defendant’s order on June 2010.

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