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(영문) 서울서부지방법원 2013.03.21 2012고단2074
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On the grounds of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Defendant B is the actual operator of C, and Defendant A is the person who has worked as the former operator of C.

No one shall agree to pay the full amount of or excess amount of the investment money in the future without obtaining authorization, permission, etc. from the authorities and have many and unspecified persons receive money, etc. on the pretext of the investment money, etc.

Nevertheless, the foregoing B and the Defendant, at the C office located in Seoul Special Metropolitan City, 502 on October 20, 201, received an investment of 56.4 million won from investors, including E, in total 18 times from around October 5, 2011 to November 19, 201, as indicated in the list of crimes (1) in the attached Form, including that “if one million won is invested in purchasing and selling home-plug merchandises, 40% interest shall be paid in advance, and the principal shall be paid in four weeks after the investment.”

As a result, B and the Defendant agreed to raise funds from many and unspecified persons without obtaining authorization and permission from authorities, and to pay the total amount of investment or an amount exceeding the amount of investment in the future, and imported the investment without delay.

2. On October 20, 201, the said fraud B and the Defendant made a false statement to the victim E at the C office located in Seoul Special Metropolitan City DD Building 502, stating, “If one million won is invested in purchasing and selling home fluor gift certificates, 40% interest shall be paid in advance, and the principal shall be paid four weeks thereafter.”

However, in fact, the Defendants purchased home-plug gift certificates and obtained only 5.7% profit even if they were to be redeemed, and thus, 40% interest shall be paid within the period of four weeks as the victims promised, and there was no intention or ability to reduce the principal.

Accordingly, the above B and the defendant belong to the victim as above.

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