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(영문) 부산지방법원 동부지원 2018.01.16 2017고합187
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

All of the applications for compensation of this case are dismissed.

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall receive similar receiving contributions from an unspecified number of persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission under such Acts and subordinate statutes;

Nevertheless, on August 10, 2012, the Defendant, without obtaining authorization or permission under the laws and regulations, will also pay the principal when investing in the “Z” office located in Busan Shipping Daegu Y, 102 Dong 1807, and the “Z” office in the “Z” office, which is located in the 1807 Dong 102 Dong 1807, in return for the amount equivalent to 3% of the principal of the investment every month.

“Along with the fact that an amount of KRW 5 million was received from the above AA as an investment deposit, from August 4, 2017, the same day was received from the total of KRW 16,788,510,000 from the total of 62 persons, as shown in the attached Table of Crimes (1) from August 4, 2017.

2. On March 11, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall pay the victimO the profits equivalent to 3% of the principal of the investment every month by investing in the futures trading that is linked to the COS index if he/she pays the investment funds in the “Z” office under paragraph (1) of the same Article, and immediately redeem the principal if he/she wishes to do so.

The phrase “ was issued KRW 10 million on the same day.”

However, since the Defendant did not have knowledge and experience in futures trading investment, most of the investment funds solicited was planned to pay interest and principal promised to existing investors in the form of “refiscing”, and some of the investment funds actually invested in futures trading are not subject to continuous damage, and thus, it was a structure that may cause damage to the victims, who are investors, as long as the solicitation of investment funds does not lead to an unlimited expansion.

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