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(영문) 대구지방법원 서부지원 2018.10.24 2018고단683
사기
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to four months of imprisonment on September 8, 2017 by the Busan District Court due to a violation of the Act on the Regulation of Similar Receiving Acts, etc., and the judgment became final and conclusive on December 16, 2017. Defendant B was sentenced to six years of imprisonment for fraud, etc. at the Daegu District Court on February 7, 2018 and filed a final appeal with the Supreme Court at present.

[Criminal facts] Defendant A was in office as the representative director of the Daegu Dong-gu, Daegu-gu, and Defendant B is the actual operator of the above company.

1. The Defendants in collusion with each other to attract funds to run a large-scale business, such as game, public relations centers, and feet, for those who found the place in the “E” office located in the Daegu Dong-gu, Daegu-gu D1st on June 7, 2015.

If an investment is made in 3.6 million won per old unit, 120% of the principal shall be paid.

“The phrase “ was false.”

However, the Defendants did not have the intent or ability to return the investment profit or to return the principal even if they actually receive the money as the investment deposit from the investors.

The Defendants, by deceiving investors, received KRW 10,80,000 from the victim F to the Agricultural Cooperative Account (G) in the name of Defendant A, received KRW 18,00,000 from the victim H in the same manner, and received KRW 3,60,000 from the victim I in cash, and acquired KRW 32,40,000 from three victims.

2. No person who violates the Act on the Regulation of Similar Receipt Acts and Subordinate Statutes of Defendant B shall make an agreement to pay the full amount of investments or an amount in excess thereof for the business of raising funds from many and unspecified persons without obtaining authorization, permission, or filing a registration under finance-related Acts and subordinate statutes, and shall receive similar receipts of investments.

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