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(영문) 서울북부지방법원 2012.12.13 2012고정2712
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a employee of corporation D in the Dong-gu Seoul metropolitan building.

1. Around January 2, 2009, the Defendant said that “When investing 1.1 million won in D Co., Ltd. operated by G, the Defendant would recover the principal and pay 39% interest as principal payment after four weeks.”

However, the above company has no profit from the above company, and even if it receives investments from other persons, there is no ability to increase sales by using the investment money, so even if attracting investments from the investors, it is inevitable to take a method of continuously repaying the principal and interest of senior investors by using the investment money kept by subordinated investors within a short period, and thus, if it does not attract new investors, it is anticipated that the monetary foundation for repaying the principal and interest of the investment would not be able to pay the agreed high-rate profit, and there was no intention or ability to pay the agreed high-rate profit to the investors.

Nevertheless, the defendant made a false statement to the victim as above, and 1.1 million won and the same year from the victim.

2. Around 18.18. Around two occasions including KRW 23 million, G has invested 24.1 million in D Co., Ltd., operated by G, thereby having the same amount of property gains.

2. The Defendant in violation of the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or filing a registration under the Act and subordinate statutes, refers to “in the event that 1.1 million won is invested in D Co., Ltd. operated by G, 4 weeks to recover the principal and pay interest of 39% to G as principal payment” at the place described in paragraph (1), and “in the event that 1.1 million won is invested in D Co., Ltd. operated by G,” and “in the future, the Defendant imported 24.1 million won over two occasions

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