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(영문) 서울중앙지방법원 2013.07.25 2013고단1102
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 2010, the Defendant explained that, at Dongcheon-dong, Gangdong-gu Seoul Metropolitan Government, the victim D, who was aware of the fact, purchased the shares he/she managed by the Korea Asset Management Corporation and sold them again, and made an investment in E conducting a national tax payment share business that pays the profits therefrom, and that the principal may be recovered if the investment is made in this place and the profits may be raised by more than 15% of the investment amount per three months.

However, in fact, the stocks paid in kind are paid in stocks on behalf of a non-listed corporation that is liable to pay taxes, such as national taxes, and even if awarded through a public auction, stocks paid in kind by an unlisted company are not designated as transaction value, and are again sold.

Even if the rate of return is less than 5% per month and various allowances are required to be paid, it is difficult to invite an unqualified investor to the method of paying the senior dividend to junior investors with the funds of junior investors, and as long as a new investment is not made, it is eventually impossible to become the enemy, so even if the investment is paid from the victim, the profit and the principal cannot be returned.

Nevertheless, the Defendant received KRW 5 million from the victim around the 24th day of the same month, and received KRW 563,541,800 in total over 11 times from around that time to April 3, 2011, as shown in the list of crimes in the attached Table, and deposited it in E, and received KRW 61,989,598 equivalent to 11% of the money as the fee, and acquired property benefits equivalent to that amount as the fee.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission under Acts and subordinate statutes shall engage in the business of receiving contributions without permission for making payment of the total amount of contributions or the amount in excess thereof in the future;

Nevertheless, on October 22, 2010, F is in the 3 and 4th floor of the Gangnam-gu Seoul Metropolitan Government G Building.

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