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(영문) 수원지방법원 2017.11.23 2017고단2700

사기등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who has violated the Act on the Regulation of Similar Receiving Acts shall make a promise to pay the principal or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission on the banking business, etc. for guaranteeing the principal and receiving the investment money;

Nevertheless, around July 15, 2012, the Defendant agreed to the “F” office in the Gangnam-gu Seoul E 9’s operation of Defendant, “F” office with many and unspecified persons, including victims G, and victims H, to use the money for the above business and to pay KRW 20 million for each share of KRW 4 million with huge profits from the investment of KRW 20 million per share of KRW 4 million.” From the above place, the Defendant received KRW 10 million from the victim G on July 15, 2012 for the said investment deposit in the said place, and the victim G received KRW 20 million from the victim H on July 23, 2012 for the said investment deposit to receive KRW 20 million from the victim H around July 23, 2012.

Thus, the defendant did not obtain the authorization of the authority and received the similar act.

2. The Defendant, like paragraph 1, did not intend or have the ability to use it for the business of importing and selling withering to death, etc. from an unspecified number of investors, or to pay money equivalent to 120% of the principal of the investment for six weeks from the enormous profits.

Nevertheless, the Defendant would use the money for the above business and pay the money equivalent to 120% of the principal of the investment for six weeks with enormous profits if he/she invests in a business that imports and sells with death, etc. from the Philippines as stated in paragraph (1) at the time and place in paragraph (1).

“The victim G makes a false statement,” and the victim H.