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(영문) 수원지방법원 2017.10.13 2017고단2826
사기등
Text

A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2826" intends to pay the principal and high profits to many and unspecified persons through investment in shares.

It is a person who has received investment money by soliciting it.

1. No person who violates the Act on the Regulation of Similar Receiving Acts shall agree to pay the full amount of, or any amount exceeding, the investment made in the future without obtaining authorization, permission, etc. from the authorities, nor shall he/she “similar receiving money, etc.” which is imported from many and unspecified persons for the purpose of

Nevertheless, from March 25, 201 to April 30, 2016, the Defendant, without obtaining the authorization and permission of the authorities together with D, explained to the victims E and other unspecified persons, including the victim from March 25, 2011, that “if a foreign investor makes an investment in money, he/she shall have the foreign investor make an investment with the investment, and shall pay the profits of 2% or 3% per month from the proceeds therefrom, and the principal shall be returned without the framework within the agreed period of guarantee.” Accordingly, the Defendant received a total of 265,90,000 won from the victims under the pretext of stock payment, as shown in the List of Crimes.

Accordingly, the Defendant conspiredd with D to receive similar goods without obtaining authorization or permission from the authorities.

2. The facts of fraud are that even if the Defendant received money from many unspecified persons for the purpose of stock investment, stock investment is a financial investment product with which principal is not guaranteed, and there is a possibility of causing profit and loss. Therefore, it cannot be possible to definitely pay the proceeds of 24% or 36% per annum on the investment amount by paying the proceeds corresponding to 24% or 36% of the principal of the investment per month. While only a part of the money received from the investors was used for a stock investment, the damage was only occurred, and the order of investment was later paid to senior investors with 2% or 3% of the principal of the investment amount.

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