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(영문) 서울남부지방법원 2016.04.01 2015고단5651
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of the computer planning office of the D Cooperatives in Yeongdeungpo-gu Seoul Metropolitan Government 407, and the representative of the said D Cooperatives.

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in an act of raising funds from many and unspecified persons without obtaining authorization or permission, making registration, or making a report, etc. under other Acts and subordinate statutes, with an agreement to pay the total amount of contributions or an amount in excess thereof in the future;

Nevertheless, the Defendants conspired to the effect that, on December 2, 2014, the Defendants received 66,00 won from E in total from September 22, 2014 to March 17, 2015, including the receipt of 66,00 won from E in terms of the membership fee of the association from E, and received 20,000 won in total from September 22, 2014 to March 17, 2015, including the receipt of 10,000 won from E in terms of the membership fee of the association from September 2, 2014 to March 17, 2015.

As a result, the Defendants conspired to receive a similar act.

2. In collusion with the Defendants, the above D Cooperatives did not have any particular profit-making business, and it is inevitable to pay the investment amount and the introduction allowances at the cooperative funds paid by the members. Even if it is assumed that the members continued to increase, it is impossible to continuously pay the introduction allowances to the members or pay 80,000 won per old unit exceeding the principal amount after one year. However, the victim E in the date and place mentioned in the preceding paragraph shall be the victim E at the time and place.

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