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(영문) 창원지방법원 마산지원 2015.09.23 2014고단639
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or making registration or report under other Acts and subordinate statutes shall engage in any business of raising funds from many and unspecified persons, with a promise to pay the total amount of investment or an amount in excess thereof in the future;

Nevertheless, around January 28, 201, at the office of Changwon-si, Changwon-si and 1001, the Defendant solicited to make an investment that “A total of 20% interest may be paid by purchasing scrap metal for three months, and the principal and interest thereon shall be paid in installments every day,” and received KRW 20 million from many unspecified persons, including F (13.5 million total amount of investment), G (1 million total amount), and 100,000 won, around January 31, 201.

2. The defrauded stated, around January 28, 201, that “Around January 28, 201, the Defendant would pay a total of 20% interest for the three-month period, and pay the principal and interest thereon in installments every day” to the victim C, as described in paragraph 1.

However, at the time, the Defendant entered into an investment entrustment agreement with H that carries on the scrap metal business in Busan, but the business was not carried out smoothly. The Defendant did not have the ability to guarantee conclusive high-income even if he received the investment money from the scrap metal business due to the lack of experience in the previous business, and even if he did not receive the investment money from the victim due to the lack of special assets, the Defendant did not have the intent or ability to return the investment money and the profits properly to the victim within a short period.

The defendant shall be from the victim 20 million won on the same day.

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