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(영문) 서울중앙지방법원 2011.11.18 2009고단7551

사기

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On November 21, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the District Court on the same day and two years of suspended execution, and the said judgment became final and conclusive on the 29th of

The defendant is a person who has operated the F Limited Corporation in China, the purpose of which is to raise funds for investment in C, D, E, and China with the aim of raising funds for investment in B and B, a company with the aim of supplying human resources, etc.

In fact, around 2007, the company's operation did not have sufficient capital or assets to pay a certain amount of dividend agreed within a short period to the victims who received the investment as follows, and the state revenue source of the above company supplied the foreign workers with the fee and received the fee. However, the profit that can be created due to the small scale of the fee, as follows, is below the degree of paying the high-rate dividend agreed upon to the victims. In addition, since the establishment of the dives in Korea and China, which the defendant promoted, is merely the beginning of the business and it was impossible to realize a considerable profit within a short period.

In this situation, since from January 2007, the defendant continued to receive investments from the victims who invested funds in the above companies of the defendant's operation in promising to deliver the principal and high-rate dividends to the victims. However, under the above small business structure and financial structure, most of the investments received from the investors can not be paid to the prior investors who agreed to pay profits within a short period of time. Thus, the dividends paid to the investors will be reduced unless there is an unlimited expansion by the investors. In such a case, the new investors' invitation was reduced.