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(영문) 수원지방법원 2020.11.12 2019고단3030

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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 29, 2017, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Seoul Eastern District Court for six months, and the said judgment became final and conclusive on the same day.

【Criminal Facts】

1. On February 10, 2015, the defrauded Defendant stated that “C shall receive investments from customers and lend money to those who provide collateral based on the funds, and return money to investors by receiving interest on the fees therefor.” Since it provides collateral, there is no risk of principal loss due to the offering of collateral. The claim against those who provide such collateral is called ABS (asset Security Claim). In the event of an investment, the principal shall be repaid after one year and six months, and the annual interest shall be paid at 8%.”

However, even if the Defendant received money from the victim, it was thought that it was used as a tentative term “disceptive” method, such as using it for the repayment of principal and interest of the existing investor, and did not have the intent to use it for the investment in asset-backed claims. The Defendant was merely liable for the debt of KRW 7-8 billion at the time, but did not have the intent or ability to pay the principal and

The Defendant, as such, by deceiving the victim, received from the victim, a transfer of KRW 30 million from the E-bank account (F) in the name of C in February 10, 2015 to the E-bank account (F) under the name of C, and received from the victim.

3. Around 26.20, he/she received remittance of KRW 20 million to the same account and acquired KRW 50 million in total. From around that time to August 25, 2015, he/she shall receive KRW 270 million in total from five victims by the same method as indicated in the annexed crime list, such as the list of crimes.

2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without permission shall not obtain such authorization or permission, or shall file for registration or report under statutes;