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(영문) 서울중앙지방법원 2013.03.28 2012고단896

사기등

Text

Defendant

A Imprisonment of 10 months, Defendant B and C shall be punished by imprisonment of 8 months, respectively.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

The Defendants agreed to attract investments on the condition that they distribute profits earned from active fish import businesses in China to investors, and then distribute the profits to Defendant A, Defendant C recommended investments to investors, Defendant C is in charge of planning, including the preparation of documents, and Defendant B conspired to prepare a letter of collateral security and a L/C security investment contract, with the content that the site of the G and H located in Nam-si, Gyeonggi-do, which is owned by the FIE Association of Religious Organizations, will be provided as security for the establishment of the credit related to active fish import in Korea.

1. The Defendants were not only in capital but also failed to secure necessary security for the issuance of the credit related to active domestic consumption. Defendant B did not have the right to provide the above FFF site as security for the issuance of the credit. Therefore, even if the Defendants received investment funds from investors, they did not have the intent or ability to pay profits to investors by normally operating the active import business in the middle country.

Nevertheless, around May 17, 2010, Defendant A stated, at the J Office operated by Defendant A, the 1104 Gwanak-gu Seoul Special Metropolitan City Itel, that “A would pay the victim K with this fund until it reaches KRW 36,000 per day until it reaches KRW 1,30,000 per day, because it is possible to see a lot of profits when importing and distributing active terms in Korea.”

As such, the Defendants, as indicated in the separate crime list from around that time to July 7, 2010, received a total of KRW 47 million from the time of deceiving the victim and receiving KRW 3 million as investment money from the victim on the same day.

2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission or filing a registration report under other Acts and subordinate statutes;