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(영문) 서울중앙지방법원 2018.06.27 2017고단4235
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 14, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Regulation of Fraud and Similar Receiving Act at the Seoul Central District Court, and was released on June 30, 2015 during the execution of the sentence, and the parole period expired on August 19, 2015.

[Criminal facts]

1. In September 2015, the Defendant, at the F office of Defendant’s management company located in Gangnam-gu Seoul in Gangnam-gu, operates a fund company that operates cosmetic business to the victim G.

First of all, when the fund is invested by preparing the loan certificate and making the loan, the principal will be paid 10 days after the interest rate of 20%.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party as the name of investment money, he did not have the intention or ability to pay the principal and interest to the injured party.

As such, the Defendant, by deceiving the victim, received money from the victim, from September 4, 2015 to November 11, 2015, totaling KRW 236,450,00 from the name of investment over 10 times, as shown in the attached Table 1 List of Crimes, from around September 4, 2015, and acquired money from the victim.

In addition, from around that time to November 12, 2015, the Defendant received a total of 458,105,000 won from the victim G, etc. under the said method as above, such as the victim G, etc., as in attached Table 1 to 4 of the daily list of crimes.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in any activity engaging in the business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration, reporting, etc. under other Acts and subordinate statutes, and making an agreement to pay the total amount of contributions or an amount in excess thereof in the future, and receive contributions, etc.

The defendant, around September 2015, operates a cosmetic business in China at the F Office Co., Ltd. F office in China.

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