beta
(영문) 부산지방법원 2012.10.16 2012고단2692

사기등

Text

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

Of the facts charged in the instant case, violation of the Act on the Regulation of Conducting Fund-Raising Business.

Reasons

Punishment of the crime

【2012 Highest 2692】

1. The defendant is C representative director corporation.

On September 2002, the defendant conspireds to receive investment as a production fund, such as D, E, and film, even though he did not have any intention or ability to return the principal of investment as well as high-rate profits dividends.

Accordingly, D and E, in the office of Busan branch on September 20, 2002, located in the 6th floor of the F building in Busan Dong-gu, Busan, the fact was that it did not have the intent or ability to harm the return of investment money and the high-rate profit dividends. However, the victim G obtained 1,300,000 won in total from 1,000 won every 1,300,000 won per share from 1,000 won to 1,000,000 won from 1,000,000 won from 1,000 won from 1,000,000 won from 20,000 won from 1,40,000 won from 20,000 won from 3,50,000 won from 1,50,000 won from 20,000 won from 2,00 won from 3,00,000 won from 2.

[2012 Highest 4996]

2. On April 3001, 2001, the Defendant, at the Gangnam-gu Haston Seoul, saying, “If the production costs are insufficient to invest KRW 500 million due to the lack of production costs in the first joint venture with our company and the Chinese film company, up to October 2002, the Defendant would complete the film and distribute 5/18 film shares and 50% of the total proceeds to the profits of the investment fund.” The Defendant was transferred from the victim to the account in the name of C (J).

However, the Defendant did not have any actual capital and had little experience in film production, and there was no intention or ability to produce jointly a motion picture.

The Defendant, as such, induces the victim to produce a film.