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(영문) 의정부지방법원 2012.12.21 2012고합352
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for nine years.

Reasons

Punishment of the crime

On September 24, 2008, the Defendant is each representative director of E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) established on May 23, 201 (hereinafter “E”) established on May 23, 201, and E and F, as the primary purpose of each of the instant companies, E was a company established for real estate development projects. From November 2009, E was a company established for the primary purpose of investors’ solicitation for defective debt collection. The F was a company established for the purpose of continuing to attract and manage investments for defective debt collection. The F was in fact the same company as E, and the Defendant was in charge of attracting investments by inviting business employees as the representative director of each of the instant companies, and G was recruited to take charge of managing and distributing investments solicited as the general director of each of the instant companies.

1. On November 24, 2009, the Defendant of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim I through its business members in E office located on the fiveth floor of the Gangnam-gu Seoul Metropolitan H building, stating that “We will pay back non-performing loans to be collected after purchase of non-performing loans and raise profits therefrom, and to transfer non-performing loans equivalent to 200% of the investment funds if they invest money in one-year unit, and to pay profits dividends equivalent to 16-24% per annum of the investment funds through collection of non-performing loans and return them at any time if they want to return the investment funds.”

However, in fact, the non-performing loans purchased by E are not actually recovered, and the above company could not collect the non-performing loans properly due to the lack of professional organization, personnel, and technology to recover such claims. The investment funds management form of the above company is the investment fund and the profits to the existing investors using the investment funds attracting from investors making investments after paying various recruitment allowances and benefits with the investment funds.

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