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(영문) 수원지방법원 2013.08.09 2013고단275

유사수신행위의규제에관한법률위반등

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

The defendant is 171,00,000 won to C who is an applicant for compensation, and D who is an applicant for compensation.

Reasons

Criminal facts

The Defendant is a person who operates a lending company under the trade name of “E”.

1. On January 29, 2012, the Defendant violated the Act on the Regulation of Conducting Fund-Raising Business without Permission: (a) on the website (G) of Suwon-si Office (FF building 301) from the early police officer of Suwon-si to create profits by purchasing non-performing loans and investing in the purchase business of non-performing loans through construction, construction, etc.; and (b) on the basis of the investment of the purchase business of non-performing loans, the Defendant promoted a compensatory franchise that guarantees the principal amount of 100 million won when investing in the purchase business of non-performing loans; (c) on February 29, 2012, the Defendant entered money equivalent to KRW 16% from September 30, 2012; and (d) on February 29, 2012, the Defendant made an investment in the said office with the investors C and the purchase business of non-performing loans into the principal guarantee of the investment loans; and (d) made up for six months of transfer and acquisition contracts in lieu of the investment agreement, and entered money in the attached Form C (30.

As a result, the Defendant agreed to pay the total amount of the investment or the amount exceeding the amount of the investment in the future without obtaining authorization or permission from the authorities, and imported the investment without permission.

2. On February 29, 2012, the defrauded concluded that “The Defendant would pay the Victim C the annual proceeds of 24% of the investment amount by purchasing non-performing loans at the low price after purchasing the non-performing loans at the E office in Suwon-si Office No. 301, Suwon-si, Suwon-si, 2012.”

However, the defendant did not have any intention or ability to pay profits to investors by creating 24% annual profits in one year even if he/she received investments from investors in the state that he/she did not have any professional manpower or funds to purchase non-performing loans at low prices.

As above, the defendant deceivings the victim C to this effect.