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(영문) 서울중앙지방법원 2018.10.12 2018고단4915
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant 10,000,000 won to the applicant G, and 5.0

Reasons

Punishment of the crime

1. On November 2017, the Defendant, at the Gangnam-gu I building in Seoul, and the JJ office in the fifth floor of the Defendant’s operation, deposited KRW 250 billion in the current K account with the victim F, and invested inK in the last year and paid 50% profits.

If investment is made, K's public offering fund will be invested and paid 5% of the principal in addition to the principal after three months.

The phrase “ makes a false statement.”

However, on December 16, 2015, the Defendant: (a) was at all unable to attract funds or receive investments after establishing a J Co., Ltd.; and (b) was under the circumstances where, even if having received money under the pretext of investment, the Defendant would not have any intent or ability to return the proceeds by investing in K’s public offering fund, even if receiving the investment money, the Defendant would not have any intention or ability to return the proceeds by making investments in the public offering fund.

Nevertheless, the Defendant, as seen above, received KRW 10,00,000 from the victim F to the L bank account (M) account under the name of JJ Co., Ltd. on November 22, 2017, and received KRW 553,000,000 in total from November 21, 2017 to April 8, 2018 by the said method as above 55 times from around 21, 2017 to 43 persons, such as the victim F, as described in the list of crimes in the attached Form.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall engage in the business of raising funds by promising an unspecified number of persons to pay the whole amount of principal or any amount in excess thereof in the future without obtaining any authorization or permission, making any registration or report, etc.

Nevertheless, the Defendant, from November 21, 2017 to April 8, 2018, 55 times in total, as described in paragraph (1).

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