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(영문) 제주지방법원 2016.07.14 2015고합162

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2015 Gohap 162] On December 2012, 2012, the Defendant: (a) at an insurance agency office of the Defendant’s c.n., the Defendant was not entitled to the investment of stocks; (b) even if the Defendant did not have any public book related to the investment of stocks, and (c) did not receive money from the victim AL for the purpose of the investment of stocks, the Defendant guaranteed the principal to the victim; and (d) did not have the ability to pay the profits of 4-10% per month; (b) the Defendant was considered to have been used for the repayment of personal loans, office operating expenses, and the payment of the principal and interest of the investment of the existing investors; and (c) concealed the fact that the Defendant was to have invested in the stocks and funds with the money left around; and (d) even if the Defendant had no public book related to the investment of stocks, 50%-10%-10%-10%-20%-2 of the total amount of dividends for each quarter.

The principal will be guaranteed for the money, and 4 to 10% of the principal will be paid for each month with profits.

“The phrase “ was false.”

As a result, the Defendant received delivery of KRW 90 million from the injured party as investment money on January 8, 2013, and KRW 34 million on January 9, 2013, and received KRW 790,000 from the above day to May 2, 2014 as stated in the daily list of crimes in attached Table 1.

[2015 Gohap 164] On January 21, 2014, the Defendant would lend KRW 100 million to the victim AO at the Defendant’s office located in Jeju-si building 502, and would pay KRW 134 million after nine months.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant was under pressure upon the investor’s demand for recovery of funds when receiving money from other investors including AL for the purpose of stock investment, and used more than half of the money received from the damaged investors for the purpose of return of the said investment.