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(영문) 서울중앙지방법원 2014.06.18 2013고단4762
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

[criminal power] On April 30, 2010, the Defendant, who operated D Co., Ltd., was sentenced to 8 months of imprisonment and 2 million won of fine at the Jeonju District Court for violating the Illegal Check Control Act. On October 5, 2010, the Defendant was sentenced to 10 months of imprisonment with prison labor at the Jeonju District Court for fraud, and completed the execution of the sentence on May 26, 201.

[2013 Highest 4762]

1. Crimes against E, etc.;

A. Although a person violating the Act on the Regulation of Conducting Fund-Raising Business without obtaining permission from the authorities or making registration or report, he/she shall not agree to pay the total amount of future contributions or the amount exceeding the amount of future contributions, and shall not engage in the act of fund-raising business without having received the same, the Defendant and F, a representative of the Defendant, as if the Defendant sells blue drinks produced by D, but in fact, the Defendant and F intended to invite investors by creating a multi-level sales organization composed of 350,000 won per unit and making an investment of 350,000 won per unit, and by making an investment of 3.5 million won per unit, in return for the investment.

Around November 27, 2011, the Defendant said that “If a sales salesperson is made by investing 350,000 won per unit in D Co., Ltd. and making an investment, 400,000 won will be paid in total over two months,” and received KRW 70,000 from E in the same place as an investment in two old accounts, and received an investment of KRW 44 times in total from April 26, 2012, as shown in the attached crime list, from that time to April 26, 2012.

As a result, the Defendant agreed to pay an amount exceeding the contribution without obtaining authorization from the authorities, in collusion with F, and received the contribution without obtaining authorization from the authorities.

B. The Defendant did not have any actual sales of D Co., Ltd., and invested in the preceding multi-level business structure, which he and F have been recovered, later with the investment funds of the investors invested.

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