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(영문) 인천지방법원 2013.06.12 2012고합1428

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. A person who violates the Regulation on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under Acts and subordinate statutes or making a registration report, etc., and does not engage in an act of receiving money from an unspecified number of investors for a business of receiving money by importing money. However, on September 17, 201, the Defendant agreed to the effect that “if investment is made in the purchase cost of mobile merchandise coupons, 4-5% of the amount of investment shall be paid as profits every week” to investors E at the trade incomponary shop located near the Hongdong-dong, Mapo-gu, Seoul, Seoul, dong-dong, and received KRW 1 million from September 15, 201 as the name of investment in the purchase cost of mobile merchandise coupons, etc. from that time to May 17, 2012, the Defendant obtained an investment of KRW 410-50,000 from many and unspecified investors as stated in the attached Table 1, and received an investment of KRW 350,549,50,000 from an unspecified number of investors.

2. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the criminal defendant committed fraud to the National Bank on September 2, 2005, each of the obligations equivalent to KRW 81,994,00 for the National Bank, KRW 30,102,00 for the Korea Housing Finance Corporation, and KRW 120,339,000 for the total amount of national tax in Incheon Tax Office on March 3, 2006, the bad credit due to the debt amounting to KRW 8,339,00 for the total amount of KRW 120,435,000 for the total amount of national tax in arrears, etc., and even though there was no particular capital, it was not possible to determine that the distribution business of mobile product rights did not normally proceed, and it was paid to the investors' profits or allowances, etc. for the invitation of investors.