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(영문) 부산지방법원 2014.02.11 2013고단847

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 9, 2001, the fraudulent defendant decided to act as the representative director in the name of the corporation D with its head office in Busan-gu, Busan-gu, and in collusion with E, the actual operator of the above company, the victim F, in the above company's office, stated to the effect that "On November 9, 2001, the victim F, in comparison with the above company's office, " our company imports beams, etc. from China at low prices and distributes them at high prices, and pays to investors a large amount of profit. When investing KRW 1,100,000,000,000,000 won, the principal and interest shall be paid within one month."

In fact, the above company received loans from investors without any special business plan and received ordinary expenses and paid principal and interest on existing loans, and if it fails to borrow money continuously, it could not pay the principal and interest to investors. As such, the victim was deceiving the victim and received KRW 11 million from the victim as investment funds, and thereafter, the company received the total amount of KRW 1.77 billion from the victims on 237 occasions as shown in the separate crime list from the Busan head office and the Daegu branch office to December 17, 2001 in the same manner as indicated in the separate crime list.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission, or making any registration or report under other Acts and subordinate statutes, shall make an agreement to pay the total amount of investments or an amount in excess thereof in the future for the business of raising funds from many and unspecified persons.

The defendant, in collusion with the above E, received a total of KRW 1.77 billion from investors in the same manner as in the preceding paragraph in total, on 237 occasions, from the investors in the same manner as in the preceding paragraph, and shall pay the total amount of investment or the amount in excess thereof.