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(영문) 서울중앙지방법원 2013.09.06 2012고단5186 (1)

유사수신행위의규제에관한법률위반등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant's sole criminal conduct;

A. On January 20, 2009, the Defendant issued that “D shall directly import the highest-tech dental technician developed in Germany and create profits by opening a dental hospital for 13 weeks a week per unit,” against the victim E, at the office of a dispute resolution committee office of 1201, Busan, Busan, and the Defendant would distribute profits for 13 weeks a week per unit.”

However, in order to carry out the above project, a dental hospital should be established. However, the defendant did not prepare funds necessary to establish one dental hospital, and only intended to carry out the project with the money received from the above victim.

Nevertheless, if the project is carried out smoothly and investments are made, it would not make a false statement as if the return on investment will be paid as agreed.

As above, the Defendant, by deceiving the above victim, received KRW 1,00,000 from the above victim for the same day as the investment money, and obtained KRW 15,00,000 from around that time to March 12, 2009 as stated in the attached crime list from around March 12, 209.

B. The Defendant on April 10, 2009

At the same place as described in paragraph (1), the victim G made a false statement to the victim G that “a loan of KRW 10 million from a bond company, which requires KRW 2.1 million as a prior interest. If a bond company borrows KRW 2.1 million on the day, it shall be paid immediately by borrowing KRW 10 million from the bond company on the day.”

However, even if the defendant borrowed money from the above victim, he did not have the intent or ability to repay it.

Nevertheless, the Defendant deceiving the above victim as above and received 100,000 won in cash from the above victim, namely, from the above victim, as a loan, and 2 million won was remitted to the H’s Busan Bank’s deposit account and acquired it by defrauded.

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