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(영문) 대구지방법원 포항지원 2014.10.02 2013고단1331
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated the insurance agency business under the trade name of C (hereinafter referred to as “C”) from February 25, 2009 to March 2010.

1. On September 2009, when a financial shortage due to the aggravation of the management situation of C around September 2009, the defrauded instructed the solicitation of investors by advertising that the advance payment of insurance proceeds under the name of investment was made, with the mind of using it as the management funds of the Party, and that the employees thereof “in advance, with the advance payment of the insurance proceeds, with the insurance company’s commission accrued, with the monthly revenues, and with the principal repaid after six months.”

On September 25, 2009, the Defendant received from the victim F and G, each of which 6.5 million won and total of 13 million won were transferred from the victim F and G, each of which 6.5 million won were transferred from the victim F and G, who did not make an investment, in the C office located in the 6th floor of the Seocho-gu Seoul Metropolitan Government D Building, in the statement that “if the investment was made, 10% interest per month shall be paid, and the principal shall be repaid six months thereafter.”

However, since C was demanded by an insurance company to return fees, and the fee rate to be received from an insurance company at the time of the insurance contract was lower, C continued to pay the interest promised even if it received the investment money from the victims, and there was no intention or ability to return the principal.

Ultimately, the Defendant received transfer of KRW 13 million from the victim F and G under the pretext of investment money, and acquired a total of KRW 183 million from the victims throughout 21 times from January 22, 2010, as stated in the separate crime list, as stated in the separate crime list, the Defendant received a total of KRW 183 million from the victims.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any lawful authorization or permission, or making any registration or report, shall engage in the business of receiving contributions from many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future;

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