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(영문) 서울동부지방법원 2013.10.24 2013고단1295

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Fraud;

A. On September 2012, the Defendant conspired with C in collusion with C, the Defendant: (a) at the office of C in the office of Yeongdeungpo-gu Seoul Metropolitan Government D Building 604 on September 2, 2012; (b) even if the Defendant received investment money from the victim E, it did not have the intent or ability to properly pay the principal and profits by investing it in the “F” company located in China; and (c) there was no fact that the Chotin in China operated the said F, the said victim is a company with the head office in China, and is a legitimate company operated by the Chotin in China. If the Defendant invests KRW 1.20,000 won per Gu unit, it would be paid by adding 20% to the investment principal to the investment principal.” The said victim acquired the investment amount of KRW 2.9 million from the said victim to the corporate bank account (I) in the name of H, his/her assistant, and acquired the said amount by fraud from the said victim through the total number of 100 days to 100.129.12.4

B. On September 5, 2012, the Defendant’s sole criminal defendant, at the office of “F Korean Office” located in the Gangnam-gu Seoul High Court (J) around September 5, 2012, and even if the Defendant received investment money from the victim K, the Defendant did not have the intent or ability to pay the principal and profit by investing it in the above F, and the said victim’s “F is a company having its head office in China, and if it invests 1.20,000 won per Gu unit, it shall be paid by adding 20% to the investment principal to the investment principal.” Accordingly, the Defendant acquired 30,000 won from the above victim to the Defendant’s account in the name of the Defendant and acquired it by transfer from the Defendant during the period from August 22, 2012 to December 2, 2012, as shown in the attached List of Crimes (2).

2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

(a) Any person committing a joint offence with C shall be from many and unspecified persons without obtaining authorization, permission, registration or report under other laws and regulations;