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(영문) 서울동부지방법원 2015.01.21 2014고단1776
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of (ju) D of Songpa-gu Seoul Metropolitan Government building 508.

1. Around July 15, 2013, the fraud Defendant made a false statement to the victim E at the above office that “I will pay 150% of the investment principal by paying 10% of the investment principal, including dividends, for 15 weeks.”

However, in fact, the Defendant could not guarantee the principal and profit-making under the agreement in a situation where: (a) the Defendant merely conducted a public book of stock investment in Germany and did not have any career in relation to futures option, but did not receive any investment from investors; and (b) there was a lack of dividend under the agreement to pay the investment from investors for each share; and (c) there was a lack of dividend under the agreement to pay the investment from investors.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim for the same day as investment money, and received KRW 483,00,000 from May 29, 2013 to December 28, 2013 in the same way as indicated in the list of crimes in the attached Table, as well as from May 29, 2013 to December 28, 2013.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining permission or making a registration or making a report under Acts and subordinate statutes shall engage in any business of raising funds from many and unspecified persons without obtaining permission or making a payment of the total amount of investments or an amount in excess thereof in the future.

Nevertheless, the Defendant agreed to pay 150% of the investment funds at the 15-day maturity at the time and place specified in paragraph (1) and entered the list of crimes in attached Table from May 29, 2013 to December 28, 2013, including the receipt of 20 million won as investment funds from the above E.

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