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(영문) 서울중앙지방법원 2013.05.30 2012고단4626
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. (hereinafter referred to as D).

[2012 Highest 4626]

1. On April 21, 201, the Defendant violated the Act on the Regulation of Conducting Fund-Raising Business at D Offices located in Gangnam-gu Seoul Metropolitan Government, through its business members, received KRW 5,087,00,000,00 from investors in total as investment money, every month, by explaining the business to the effect that “if a company purchases non-performing loans and makes investments of KRW 10,000,000,000,000,000,000,000 won are paid every month as dividends, and return the total amount of principal after three months,” and received KRW 5,00,000 from F, from November 23, 2011.

As a result, the Defendant agreed to pay the total amount of the investment or the amount exceeding the amount of the investment in the future without obtaining authorization or permission or making registration or report pursuant to the laws and regulations, and imported the investment without delay.

2. The criminal defendant provided a business explanation to the victim F through the business member in the same manner as Paragraph 1, at the date and place as Paragraph 1.

However, at the time of the fact, there was no preparation for debt collection in the process of debt collection through the purchase of non-performing loans that the defendant planned at the time, and thus, there was no profit in this process. The purchase of the company's land purchased as part of the investment was unable to generate profit from market price in a short period, and even if it received an investment from the victims, it did not have the ability to increase sales or profit within a short period by using the investment money.

In addition, most of the investment funds received by the defendant are repayment of principal and interest for the transferred investment funds, payment of allowances to employees attracting investment funds, etc.

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