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(영문) 의정부지방법원 2018.04.11 2017고단3939
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 2016, the Defendant recruited similar recipients as the trade name “C” and “F” of the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City D Building E, around January 2016.

1. The Defendant, from January 2016 to the investors who visited the office at the above “C” office, made an investment of KRW 1 million per unit, paid 4% interest per day for eight (8) weeks to pay the principal until it reaches KRW 1.2 million including principal.

I explained the investment "........."

However, the Defendant did not engage in a separate profit-making business in order to guarantee the investment money received from investors and the principal, as well as the property owned by the Defendant is in a very poor state of financial basis, and the Defendant had no choice but to receive similar amounts from the priority investors to guarantee the principal and interest promised by senior investors, and thus, there was no intention or ability to pay the principal and interest promised to the investors, unless the Defendant continues to secure the next priority investors, even if receiving the investment money from the priority investors.

Nevertheless, on February 13, 2016, the Defendant: (a) was accused of having explained the investment to G on February 13, 2016; and (b) received KRW 1 million from the damaged party to the H bank account under the name of the Defendant for the investment deposit; and (c) was remitted from January 22, 2016 to May 2, 2016, totaling KRW 261,060,000 under the name of the injured party as stated in the list of crimes in the attached Table from January 22, 2016 to May 2, 2016.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall receive contributions from an unspecified number of persons agreed to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, permission, etc., or making registration, report, etc., under other Acts and subordinate statutes;

Nevertheless, the defendant has obtained authorization or permission under other Acts and subordinate statutes.

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