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(영문) 대구지방법원 2017.12.21 2017고단3496
사기등
Text

A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. A defendant who has violated the Act on the Regulation of Fraud of Investment Money in Trading X-M and other Act on the Regulation of Similar Receiving Act shall have worked together as an insurance solicitor in an insurance company;

F, G, E, and H trading with FX M&C is a safe investment vehicle and each month is explained as if the fixed profits have occurred, and in order to receive investment money by ordering the above people's land owners and insurance customers to raise investment money.

No one shall engage in any similar receipt business engaged in a business of raising funds under the pretext of investments, etc. under an agreement to pay the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, making registration, or making a report, etc. under the related Acts

Nevertheless, on July 22, 2013, the Defendant did not obtain authorization, permission, registration, or report from the competent authorities, and paid the principal of the investment after one year, to G and F receive an average of 15-30% per month from the J coffee shop located in Gangnam-gu Seoul Metropolitan Government I building.

Along with the explanation to the insurance customer or his/her branch and soliciting investment, a stable profit may be paid if he/she receives the investment amount, and received 26 million won from the victim G to the bank account of the defendant's name on the same day, and received the remittance of 26 million won from the victim G to April 5, 2014 in total of 813,319,000 won by 59 times until April 5, 2014, such as the statement in the list of crimes.

However, in fact, it is impossible to pay the fixed profits every month as an speculative transaction with exchange marginal profits, and rather, the possibility of reducing the principal amount of investment in the event that the exchange rate forecast was contrary to the exchange rate forecast, so it is highly likely that investors will be able to pay the principal amount.

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