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(영문) 의정부지방법원 고양지원 2018.12.18 2018고합186

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, as the representative director of D Co., Ltd. established for the purpose of credit financial business, etc. with the location of the head office of 10th floor B, Yeongdeungpo-gu Seoul Metropolitan Government building B, was willing to issue “private equity bonds” and attract investment funds against investors under the pretext of raising the company’s operating funds.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at a place where it is difficult to identify a place around January 2015, the victim E operates a lending company of D with capital of 1.8 billion won. If the Defendant purchased bonds through private placement of our company, 12% of the investment amount can be guaranteed in full even if it receives monthly profits from every month, and it is much better than the ordinary bank.

“A false statement was made to the effect that it was “.”

However, in fact, the above lending company operated by the defendant has been accumulated without profits due to the failure to accept the collection company at the time and the increase in malicious claims, the collection of principal and interest of which is impossible, and the capital has already been impaired. In the beginning, the defendant thought that most of the lending company was used for personal purposes, such as living expenses, stock investment, etc. rather than operating the above lending company with the money of the victim, and thus, even if he was paid investment money from the victim as a purchase price for privately placed bonds, he did not have the intent or ability to pay the principal

Nevertheless, on October 12 of the same year, the Defendant received KRW 100,000 from the victim, making a false statement to the victim, and received KRW 100,000 from the F bank account under the name of D Co., Ltd. (G) around October 12 of the same year as the purchase price for privately placed bonds, and received KRW 570,000,000 in total six times from around that time to May 22, 2017, under the name of the purchase price for privately placed bonds as shown in the attached list of crimes (1).

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

2. The Defendant’s occupational embezzlement is above.