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(영문) 대구지방법원 서부지원 2016.02.18 2016고합5

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On May 2013, the Defendant violated the Act on the AG Apartment-si AG Apartment-si AG Apartment-si, 102 Dong 1703 on the AG Apartment-si, on the AG Apartment-si, and on the purchase of bonds to the victim AH, the Defendant made an investment of KRW 5 million in the case of small short-term products, such as weekend bonds, night bonds, special bonds, high-amount bonds, short-term bonds, and small short-term bonds. In the case of KRW 20 million in special bonds, the Defendant would make an investment of KRW 1.5 million in profits and KRW 1.5 million in profits and KRW 3 million in the case of KRW 20 million in profits and KRW 2.5 million in the case of products, such as KRW 2.5 million, are good.

“Delivery of letters to the purport of “”

(v) ensure the principal and interest without framework within the terms of the Agreement.

“A false statement” was made.

However, in fact, the Defendant had already failed to pay the principal and the profits of senior investors, and was using the so-called “return prevention” form for such payment, so even if the Defendant received money from the victim as the purchase of bonds, he did not have the intent and ability to pay the high-amount profits while guaranteeing the principal to the victim.

Nevertheless, on May 14, 2013, the Defendant, by deceiving the victim, received KRW 9.5 million from the victim, via the Agricultural Cooperative Account (Account Number:V) in the name of the Defendant, and received KRW 9.5 million from that time to August 20, 2014, as shown in the separate crime list, and acquired it by deceiving KRW 96.1 million through 49 times from that time.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in the act of receiving similar investments under an agreement to pay the whole amount of investments or an amount in excess thereof in the future without obtaining authorization or permission, or making registration or report, etc., as prescribed by Acts and subordinate statutes;

Nevertheless, the Defendant did not obtain the authorization or permission of the competent authorities, and at the time and place of the above paragraph (1) above, “If the Defendant pays the investment money to the victim, it shall be “1” at the last place of the principal.