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(영문) 광주지방법원 2016.05.20 2016고단881
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On June 2013, the defrauded made an investment in the U coffee shop located in Gwangju Dong-gu T, Gwangju, with the victim V at least 2% of the maximum amount of 10% per day through the English sports site, and the Defendant would return the profits of at least 10% per month and the principal after three months.

“.....”

However, in fact, the Defendant did not have any particular property or fixed income as a bad credit, and operated the investment fund in the structure that pays interest or profits to the investors by using the investment fund attracting from the next priority investors rather than paying interest or profits to the investors. Therefore, even if receiving the investment fund from the damaged party, the Defendant did not have the intent or ability to pay the principal of the investment, profit, etc. to the victim.

On July 3, 2013, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the account in the name of W as an investment deposit from the victim, from the victim, and received KRW 120 million from the victims in total over 13 times from October 17, 2013, as shown in the attached list of crimes, from around October 17, 2013.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall make an agreement to pay an unspecified number of persons for the total amount of their investments or an amount in excess thereof in the future without obtaining authorization, permission, or filing a registration under the same Acts and subordinate statutes.

Nevertheless, the Defendant agreed to pay an amount exceeding the amount of investment in the future from many unspecified persons, such as V, at the same time, at the same place as paragraph (1) without obtaining authorization, permission, registration, or reporting under statutes, and in the same manner as paragraph (1), and received five million won under the pretext of investment.

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