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(영문) 대구지방법원 2014.02.14 2013고단884

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

1. [Attachment 2013 Highest 884]

A. The Defendant, as an actual operator of F, a company F with the aim of financial business, etc., conspired to receive investment money by explaining to investors as if the F, together with G and Msan Center H, who is the chairperson of the said company, raises enormous profits.

Around March 31, 2008, the Defendant and the said G and H et al. directly run a company producing Man-dye with the same company as the drinking water company, namely, a company that created profits from the foregoing company, etc., and 3-month 10,000 won, i.e., 200,000 won every day for 82 days except Saturdays and Sundays, by stating that “the victim J (I) will develop a Dan-dye products while enjoying Dan-dye products.” In addition, the Defendant and the said G and H et al. directly operated a company that directly produces Mad-yen-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ye-ty-ty-ty

However, the fact is that the F Co., Ltd. did not have any other profit, and the company’s operation is impossible, and even if an investment is made, it does not have the ability to rapidly increase sales within a short period by using the investment money. Thus, even if the Defendant and the above G and H, etc. attracts investments from investors in short-term and make investments in F Co., Ltd., the Defendant and the above G and H, etc. have to take the method of paying the principal and interest to existing investors in a short period by using the investment money attracting from subordinated investors in a short-term manner, and eventually, as long as a new investor is not induced, it is anticipated that the payment of the agreed high-rate profit will not be made, and thus, they make a false statement without the intent or ability to pay the profits of the agreed high-rate rate to investors