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(영문) 광주지방법원 2013.12.05 2013고단4606

사기등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

Defendant A was sentenced to three years of imprisonment on December 23, 2004 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission on December 14, 2007 and the parole period was expired on October 9, 2007 in the execution of the sentence in the net prison. Defendant B was sentenced on July 22, 2005 by the Gwangju District Court for fraud on July 22, 2005, and was released on July 30, 2007 in the net prison, and the parole period expired on October 13, 2007.

Criminal facts

The Defendants, around October 2009, operated a “F Agricultural Partnership Corporation” for the purpose of wholesale and retailing agricultural products in Gwangju-gu, Gwangju-gu, with the intent of raising funds by receiving investments from many and unspecified persons.

1. A person who violates the Act on the Regulation of Conducting Fund-Raising Business without authorization, permission, registration, reporting, etc. shall not engage in the business of making payment of the total amount of investments or an amount in excess thereof in the future and receiving investments from many and unspecified persons;

Defendant

A The method of direct explanation to investors or notification to the investors and management of the investment money which has been made to investors, and the defendant B conspired to receive the investment money in a manner of giving the principal and profit from many unspecified persons by mainly operating the office management and the payment of interest to investors by raising the FF farming association representative director to the F farming association representative director.

On October 15, 2009, the Defendants, without obtaining authorization, permission, etc., explained to the effect that “When investing funds in the agricultural products distribution business, the Defendant B shall pay 20% interest per month, and the principal shall be repaid within one year.” The Defendants received 25 million won as investment money by explaining to the effect that “the principal shall be paid with interest without the mold, and the principal shall be repaid within one year.”