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(영문) 서울북부지방법원 2016.08.18 2016고단608

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

No one shall receive any money under the pretext of deposits, installment savings, deposits, etc. in order to engage in a business of raising funds from many and unspecified persons without obtaining authorization, permission, or filing a registration under Acts and subordinate statutes.

The Defendant was in bad credit standing, and there was a vague expectation that the Defendant would earn profits because of a plan to make a stock investment with the money received from the victims, and there was no funds or measures to guarantee the principal and interest of the victims, and “in Korea, the Defendant has bonds with a company at ordinary times and the company has made a lot of money in the position of directors.”

“To ensure that the Do and the Do and the Do and the Do and the Do and the Do and the Republic of Korea may live in surplus.”

If money is invested, 5% to 10% interest per month shall be paid to interest, and if the principal is safe and absolute, the principal shall be guaranteed in advance because he/she is in the position of director.

“Along with the period from April 19, 2012 to September 3, 2013, the member received KRW 329,670,000 from the victim E over 15 times, such as the list of crimes (1) from the victim D, and received KRW 225,00,000 from the victim E during 22 times as in the list of crimes from April 21, 2012 to June 14, 2013, and received KRW 225,00,000 from the victim F during 22 times as in the list of crimes (2). From November 29, 2010 to February 6, 2013, the member received KRW 220,000,000 from the victim F during 14 times as in the list of crimes (3).

In order to raise funds for stock investment, the Defendant, while receiving similar amounts of money, and acquired the amount of money from the victims as investment money, as if the victims guarantee the principal and interest for the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement with respect to D, E, and F;

1. Entry of each police statement with respect to G, H, I, and J;

1. A copy of the details of securities transactions, stocks and futures trading details, each detailed statement of transactions, notes, and days' pocket book;

1. D and A.