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(영문) 부산지방법원 2017.07.06 2017고단2715

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. In early June 2015, the Defendant would have the victims E reside in the victim’s office at the Busan B Office No. 702 of the 2015 Franchisc Building C, Busan, for the purpose of enabling D members to reside across the country.

D Membership fees are three million won.

The principal may be refunded at the rate of 10% per month for six months after a loan of five million won to the F (5 million won per week) in the course of the gold gathering project from the Chungcheong Donsan, and the interest shall also be paid at the rate of 10% per month for six months.

The interest is collected to pay D members' subscription fees.

The phrase “as you believe that they hold not less than 20 per cent of the F 20 per cent of the equity interest, and make a difference in investment.”

However, even if the Defendant received money from the injured party, the Defendant did not have any intent or ability to pay the money in full or interest for six months or more, and the money paid from the injured party should be paid as the principal and interest for the person who invested in the first place. Therefore, the Defendant could not pay the investment money to F (State).

Around June 2, 2015, Defendant was paid KRW 500,000,000 to the Nonghyup Bank account (G) in the name of Defendant for investment in the FF business from the injured party by deceiving the victim as above and deceiving the victim. From then to October 14, 2015, Defendant was paid KRW 53,500,000,000 to six times in total from the injured party, as described in the list of crimes in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business receiving contributions from many and unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, obtaining registration, or filing a report, etc. thereof;

Nevertheless, the defendant agreed to pay the full amount of investment or the excess amount to E in the future by the above method, and the FF business investment amount from E around June 2, 2015.