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(영문) 울산지방법원 2016.07.19 2016고단1090

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business of raising funds from many and unspecified persons without obtaining any authorization or permission, making any registration or report, etc. under other Acts and subordinate statutes, and agreed to pay the total amount of contributions or an amount in excess thereof in the future;

Nevertheless, on April 2014, the Defendant sought explanations from C about D shopping mall business, and thereafter, from that time to August 2014, the Defendant did not make registration or report to the competent authorities, such as coffee shop in Ulsan-gu, Ulsan-gu, and against investors, including E, “D is the representative director and its head office in the United States.”

D is operating the Internet shopping mall (G) with servers in the United States, through which goods manufactured in a foreign country can be purchased at a low price in a foreign direct area without customs duties.

D may subscribe to four levels, such as USD 99 (ECR), USD 495 (Bas), USD 1,500, USD 3,000 (Preier), depending on the subscription cost. However, upon joining as an investor, profits can be distributed in the form of points money for the total profits of D.

In addition, in the event of recruitment of subordinate investors according to compensation franchise operated by one company, allowances are additionally paid according to each class. The EEC pays 5-10% up to 2 parts, 3-10% up to 3 parts, 2-15% up to 6 parts, and 3-15% up to 10 parts, so it is possible to impose more than a million won every month.

“The purpose of “D shopping mall business” is to explain the D shopping mall business to the effect that the investment amount is guaranteed, and received KRW 3,410,000 from E on May 29, 2014 under the name of the Defendant’s bank account as the subscription fee for investors.

The Defendant, in collusion with D’s representative F and upper-tier investors, in collusion with C, etc., from April 16, 2014 to August 26, 2014.