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(영문) 의정부지방법원 2021.02.04 2019고합332 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall engage in a business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration or report pursuant to other Acts and subordinate statutes, with the agreement to pay the total amount of investments in the future or an amount in excess thereof, and receive similar receipts of investments.

B The representative director, Defendant, and D, E, F, G, and H of “C” (hereinafter referred to as “C”) a company incorporated for the purpose of overseas futures investment are the business employees of the above company.

C Although there was no authorization, permission, registration, or reporting with respect to futures trading and the receipt of similar amounts, the members including B and the Defendant agreed to pay the total amount of investment or the amount exceeding the amount of investment in the future as a business of raising funds from many and unspecified persons, and agreed to receive investment in the way of receiving the investment.

The Defendant, at around October 6, 2014, has 20 billion won in capital of the Defendant to “I make overseas futures investment in gold, Australia, Cluid, etc.” in Fluidal land.

Since an investor's capital is used as a deposit, if the principal was lost, the company will report losses, and the investor would pay 1-3% of the investment from the following month to the monthly profit for each month under the condition that the principal is guaranteed, and the investor received 10,000,000 won from I as an investment deposit, and around that time, from around October 18, 2016 to around October 17, 2016, the investor received 53 times in total from 17 investors in the same manner as shown in the list of crimes in the attached list of crimes, and received 1,547,750,000 won as an investment deposit and received 53 times in collusion with B, etc.

Summary of Evidence

1. The defendant's partial statement in each court room, J, K and L;

1. Application of the details of transactions described in B in the second trial records, M of the investment contract, N, K,O, P, L, and J to the Acts and subordinate statutes applicable to each complaint filed by the court;

1. Criminal facts;

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