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(영문) 대전지방법원 2013.05.10 2012고단2475
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business director of the D Co., Ltd. established for the purpose of purchasing and collecting claims.

1. In collusion with E, the representative director of D Co., Ltd., on September 17, 2010, the Defendant: “D Co., Ltd. is a company raising high profits from D Co., Ltd. to the company that sells its bonds in a private trust with the bank; “B, if it is trusted and invested, it shall guarantee the profits of 2% per month; and the principal may be returned or re-invested after one year. If it is not trusted, the Defendant shall borrow the money at home and make an authentic deed of a cash consumption contract.” On the same day, the Defendant acquired money from the victim to the national bank account in the name of D Co., Ltd. as an investment deposit.”

In fact, the D Co., Ltd has failed to start the purchase and collection business of outstanding bonds because it was not invested in the funds to purchase bad bonds, and there was no intention or ability to pay the profits promised to the victim because it was paid allowances to investors with the investment funds received from investors and used as business expenses of the D Co.

2. The Defendant, in collusion with E, received KRW 50,00,000 from G as investment money, and agreed to pay the principal amount or the amount in excess thereof in the future from D Co., Ltd. office of Daejeon Seo-gu, Daejeon to October 27, 2009 to April 25, 201, in collusion with E, and imported KRW 430,00,000 for a total of 10 to April 21, 201 as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investment agreements;

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 (Fraud and Selection of Imprisonment) of the Criminal Act regulating the act of receiving punishment without delay.

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