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(영문) 대구지방법원 2015.01.23 2014고단3182

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, from March 2008, was a person who had operated the F Daegu branch office in the third floor of the Daegu Southern-gu E building.

On September 12, 2008, the Defendant indicated that “The F Office of the F Office of the F Company (“F”) shows advertising materials, etc. to the victim G, and recommended the purchase of F shares of the F Company “The F president is H, and currently attracts the Cambodia telecommunications business. When this communication business becomes final, F shares are more than 10 times more than 10 times more than f shares, and H’s communication business is friendly with the human resources of Cambodia, and the principal will be guaranteed.”

However, the facts are that F, a corporation with low business performance and losses were incurred, and Cambodia's mobile communications business has very poor business nature, so the defendant did not have any intent or ability to guarantee the principal or to guarantee the profits agreed upon even if he received an investment from the victim of stocks.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim's position, and obtained KRW 50 million in the same way as in December 19, 2008, and acquired KRW 80 million in total.

2. H in violation of the Regulation on the Act on the Regulation of Conducting Fund-Raising Business without Permission manages the overall business affairs of F as the representative director of F, I, while explaining investment at the head office, shall attract investors and manage funds, and Defendant and J, etc., prepared an office of FF Daegu branch office in the third floor of the L Hospital located in Daegu-gu K, Nam-gu, and provided an explanation of investment, and then recruited investors and received allowances depending on the amount of investment.

No one shall make an agreement to pay the total amount of investments or an amount in excess thereof to an unspecified number of unspecified persons in the future without obtaining authorization, permission, registration, reporting, etc. under other Acts and subordinate statutes without obtaining any permission, registration, etc.

Nevertheless, it is not possible.