beta
(영문) 부산지방법원 2014.01.15 2013고단4674

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, without any special occupation, was a person who maintains his livelihood while making a daily taxi article, street store, etc., without running a lending company called “(D)D,” and was unable to make a large profit by making a small-scale credit business. However, the Defendant had been willing to receive a large amount of KRW 3% to 5% or more per month through a credit business. As such, the Defendant was willing to receive a large amount of KRW 5% or more from many unspecified persons.

1. No person who violates the Act on the Regulation of Fraud and Conducting Fund-Raising Business without obtaining any authorization or permission, or making any registration or report under Acts and subordinate statutes, shall commit an act of raising funds from many and unspecified persons, making a promise to pay the total amount of investment or an amount in excess thereof in the future;

Nevertheless, the Defendant, around July 14, 201, can make high profit through credit business in operating a lending company of “in-house” to the victim G, “in-house”. If the Defendant borrowed necessary funds, then soliciting the victim to operate the credit business and to make an investment to “the principal and interest shall be three copies per month, as well as the principal and interest.” On the same day, the Defendant received five million won from the date of receiving transfer from the victim I to the Busan Bank Account (Account Number:H) in the above Defendant’s name on the same day, and received KRW 1.5 million from April 2, 2013 to the date of receiving KRW 1.5 million from the victim I under the pretext of investment in the credit business through the victim I as shown in the attached list of crimes (1). At the same time, the Defendant received KRW 21.37 billion from an unspecified number of persons in the name of guaranteeing the principal by operating the credit business and guaranteeing the high profit of more than three copies per month.

However, the facts are that the Defendant did not operate the lending company called “(State)D”, and only on a small scale condition that approximately nine persons receive 10% interest per month.