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(영문) 서울동부지방법원 2020.05.20 2020고단597

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 2013, the Defendant made a false statement to the effect that “D Association’s office located in Gyeyang-gu Seoul Metropolitan Government Section B building C is trying to establish and operate the Frant in its name to an unspecified number of people, including victims E, who were gathered therein. If 1.5 million won per capita is invested, 21,000 won will be paid monthly as dividends (income).” The Defendant made a false statement to the effect that the principal shall be guaranteed.

However, from 200 to 200, the Defendant did not have any property with bad credit, and the Defendant established an existing G GK and operated the HE and was under business difficulties due to the failure to pay dividends on the investment principal received from the members. In the absence of any other income except for the operation of ME, the Defendant established a DK and recruited members of the GK to raise money to the members of the GK who invested in HE. In addition, the FE sales was not fixed, while the FE sales was not determined, the Defendant did not have any ability or intent to pay the dividend and principal to the victim in a normal way other than the “fluoring” under the name of the “fluoring” in which the principal and dividend was paid to senior investors.

Nevertheless, the Defendant, as seen above, received a total of KRW 376,100,000 from the victim up to January 29, 2016 in the same manner as the list of crimes in attached Form 11 by deceiving the victim and receiving KRW 4,50,000 from the victim around that time.

2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining permission or making a registration or report under Acts and subordinate statutes from many and unspecified persons;