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(영문) 부산지방법원 2015.05.28 2015고단633

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 37,900,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

[criminal power] On October 28, 2014, the Defendant was sentenced to imprisonment with prison labor for one year at the Changwon District Court for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the said judgment became final and conclusive on November 5, 2014.

【Criminal Facts】

The defendant from January 2013 to January 2013, 2013, along with D ( sentenced to two years of imprisonment on June 20, 2014) and E ( sentenced to one year of imprisonment on January 30, 2015, and pending in an appellate trial trial).

9. By the end of 30.30, the 3th floor of the Busan City’s annual building, 103 Do 1602, and the 6th floor of the Busan’s annual building, the 103 Do 1602, and the 16th floor of the H building of the Busan’s annual building, the Defendant is in charge of the operation of investment funds and the management of investment funds, and D takes charge of all business affairs including the management of investment funds, and E is a management director.

200 order6300

1. On January 1, 2013, the Defendant conspiredd to acquire money from investors under the pretext of investment by operating a fund-raising company similar to D and E with the early policeman D and E.

Around May 7, 2013, the Defendant, D, and E made a false statement to the victim J. J. “I.S. Investment Company’s “I.S. Investment Agency business” at the 6th floor of H building in Busan City, Busan, the 13 percent of the investment amount at the maturity of 25 weeks, stating that the Defendant, D, and E would pay 2 percent of the investment amount every day at the maturity of 90 days and return the principal amount at the maturity of f.S. Investment with f. P. P. Investment at the f. P. P.S. Investment Company’s f. P. P.S. Investment in the f. P. P. P. P. P. P. P. P. P. P. P., the Defendant and D would make a false statement that the principal shall be paid at the maturity of 13 percent of the investment amount and return the principal at the maturity of 25 weeks.”

However, the defendant, D, and E did not have invested the investment funds received from investors in the "IF Investment Company", and there was no profit-making business for which investors can pay high-rate dividends as above. The equity capital has rarely been made from investors.