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(영문) 수원지방법원 성남지원 2018.11.01 2018고단1411
사기등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

No one shall make an agreement to pay the total amount of contributions or an amount in excess thereof to an unspecified number of persons in the future without obtaining authorization therefor or obtaining registration or reporting thereon in accordance with other Acts and subordinate statutes.

Nevertheless, around May 24, 2013, the Defendant purchased mining expense from the victim D from the Gwanak-gu Seoul Special Metropolitan City building B building C to sell it at auction and keep it in freezing and sells it to others.

When making an investment in money, the principal shall be returned at any time and the proceeds shall be paid once a week.

If an investment of 1 million won is made, 80,000 won will be paid as the interest, 100,000 won will be paid as the interest, 85,000 won will be paid as the interest, and 90,000 won will be paid as the interest if an investment is made in 3 parking.

“A false representation was made.”

However, in fact, the defendant did not have the intent to conduct the mining expense project even if he received the investment from the injured party, and operated the project in such a way as to prevent the return of the investment money to other investors, so there was no intention or ability to pay the profits as agreed upon by the victims.

As such, the Defendant, by deceiving the victim, received cash 10.5 million won from the damaged party for his/her investment in the same place, and received KRW 5 million from June 20, 2013 to the Defendant’s account, and received KRW 5 million from May 24, 2013 to July 29, 2013, as indicated in the attached Table of Crimes, from May 24, 2013 to July 29, 2013, the Defendant received a total of KRW 63 million from 7 victims under the pretext of investment.

As a result, the defendant committed a similar receipt act without obtaining permission from the competent authorities or filing a registration report, and received property by deceiving victims.

Summary of Evidence

1. Statement by the defendant in court;

1. D among the statement protocol of the police against D and the interrogation protocol of the police against the defendant.

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