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(영문) 부산지방법원 2016.10.21 2016고단2341
사기등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

B is the “representative” of the “H”-raising company’s “H” in the counter G of Gyeong-si, Changwon-si, and Defendant A is the “president of Changwon-si” of the same company, and I is the person who recruits investors of the same company.

No one shall engage in the business of raising funds from many and unspecified persons without obtaining authorization, etc. pursuant to Acts and subordinate statutes and promises to pay the total amount of contributions in the future, and receive contributions without permission, etc.

On August 26, 2015, the Defendants made a false statement to the victim J and the victim K that visited the above H office “Korea Company is a company that invests in the open feed business, the musical beverage business, and the musical beverage business. In the case of investing in the profit-making franchise of our Company, the Defendants would pay daily dividends equivalent to the amount of the investment until the profit reaches 250% to 300% of the principal amount. In addition, if the principal is guaranteed and the investors are recruited, the Defendants would be paid subscription allowances over five occasions.”

However, there was no business described by the Defendants, and “H” and it was merely the most likely to attract such investment money, and the Defendants did not have such substance. Moreover, the Defendants did not intend to continue to pay dividends or return the principal or interest, as stated above, because they did not have any intent or ability to return the principal and interest to the first investor’s principal or dividend by making up for the funds invested by the victims.

Defendants, as such, KRW 14,040,00 for a bank account opened in the name of L around August 26, 2015 from the victim J, and KRW 1,340,000 for a bank account opened in the name of M around October 15, 2015, and KRW 2,080,000 for a bank account opened in the name of L from the victim K to the bank account opened in the name of L around August 1, 2015; and

8.6.No. 5,000,000 won, at a bank account opened in the name of N around June, the same year.

8.7.No. 3,747,000 won, at a bank account opened in the name of N around July, the same year.

8. 20. Lin the name of L.

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