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(영문) 수원지방법원 2014.08.13 2013고단792

사기등

Text

Defendant

A Imprisonment with prison labor for the crime set forth in Section 1(b) of the Decision, six months, one year, and one year, respectively.

Reasons

Punishment of the crime

1. On April 28, 2008, Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Changwon District Court on April 28, 2008, and the above judgment became final and conclusive on November 21, 2008.

(1) Before the judgment became final and conclusive, the Defendant was a director of L company from August 2006 to February 26, 2007 of the Defendant’s KS-related fraud (related to paragraphs (1) and (201) of the facts charged, 792, and paragraph (1) of the facts charged). On February 2007, when the M, etc. of the above company’s representative director was detained as a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, the Defendant was willing to continue to operate the business that the said company continued with the person who invested in the said money. From March 2007, 2007, the Defendant established a branch office, etc. using the name of K company, which he had served as the representative director, in Msan, Daegu, etc. and recruited investors.

Around April 13, 2007, the Defendant: (a) at the K Office, the NA, the NAN of which was the second floor of Mapo-si, Busan-si; (b) was in a situation where it is unclear whether the said company would have been able to earn profits from the CJ’s business; and (c) even if the said company received money from the victim F, most of them should be used as dividends to the existing investors; and (d) even if they did not have the intent or ability to properly pay the investment principal and profits to the victim F; (b) however, the victim F was provided with a false statement to the effect that “I would invest money to establish and operate a charnel in a place where there are many Buddhist temples managed by the company; and (c) the principal will be guaranteed, and the amount of the principal shall be 30% of the principal per month.”

In addition, from that time until November 30, 2007, the Defendant enticed the victims by the above means 81 times, such as the list of crimes in the attached Table (1) and obtained a total of KRW 127,193,00 from the victims, and acquired them by deception.

(2) A corporation-related fraud.