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(영문) 서울중앙지방법원 2015.06.04 2014고단5319
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

On June 25, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud, and completed the enforcement of the sentence on September 14, 2009. On April 12, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court for fraud, and the judgment became final and conclusive on October 19, 2012.

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under other Acts and subordinate statutes or making registration or report under such Acts and subordinate statutes shall commit any act of receiving contributions from many and unspecified persons under an agreement to pay the whole amount of investment or an amount in

Nevertheless, around February 3, 2010, the Defendant recommended D (U.S.) to the effect that “A corporation is an enterprise that sells Fice to wholesale and retail, if it invests money, it shall pay 5% of the investment amount to the fixed interest per month and return the principal after six months,” and received KRW 60,00,000 from D from October 23, 2009 to July 1, 2010, as stated in the attached list of crimes (1) and (2).

2. Around February 3, 2010, the Defendant made a statement to the effect that “A stock company shall pay 5% of the investment amount to the final interest rate every month to the victim D (U.S. name: E) and return the principal after six months if it invests money as an enterprise selling Fice in wholesale retail.”

However, most of the member stores of Co., Ltd. at the time of fact was in a state of enemy, making it practically impossible to create profits through the franchise store business, and eventually, it is inevitable to receive investments from junior investors and pay profits from senior investors.

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