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(영문) 서울중앙지방법원 2014.07.16 2014고정2376
사기등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

C On April 13, 2010, the Jeonju District Court sentenced 1 year of imprisonment, 2 years of suspended execution, 120 hours of community service, etc., and the judgment was finalized on April 21, 2010.

around December 2007, the Defendants operated the company that received without delay from Gangnam-gu Seoul Metropolitan Government D with the trade name of E.

1. Defendants in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission were conspired to act on December 28, 2007, and around December 28, 2007, the victim F was given KRW 22.5 million from the victim F under the pretext of investment, on the ground that “If MPX fund is invested in the financial product that is the GPX fund, the principal would be guaranteed and the principal would be paid within 3 months.”

As above, the Defendants agreed to pay an amount exceeding the amount invested in the future from an unspecified number of unspecified persons without obtaining authorization, permission, or filing a registration report pursuant to Acts and subordinate statutes, and imported money without delay.

2. The Defendants conspired with the victim F to make a false statement that, even if they did not have the intent or ability to pay the principal and profits in accordance with the agreement even if they received money from the victim F for the purpose of making an investment, the Defendants acquired 20,500,000 won from the victim by means of the same method as the date and place stated in the preceding paragraph, stating that the victim would pay 150% of the investment money within three months after guaranteeing the principal.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A written statement;

1. Content certification, receipt, each payment note, passbook copy, and specification of transactions;

1. A complaint;

1. Previous records of judgment: Criminal records (184 pages of investigation records), investigation reports (Attachment of copies of written judgments, such as frauds related to suspects C), application of written judgments, and application of statutes;

1. Defendants of the pertinent legal provisions on criminal facts: Each of the former Act on the Regulation of Conducting Fund-Raising Business without Permission (amended by Act No. 10045, Feb. 4, 2010).

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