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(영문) 대구지방법원 상주지원 2015.10.29 2015고합27
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant is 240,00,000 won by fraud to D who is an applicant for compensation, and 51.

Reasons

Punishment of the crime

1. [Attachment 2015Gohap27]

A. A. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the criminal defendant made a false statement to the victim G that "a large amount of money may be punished if he/she purchased non-performing bonds and invests them in the next day may be redeemed, and the principal shall be guaranteed and the high amount of profits shall be paid."

However, even if the defendant received money from the victim as the name of the purchase of bonds, he did not use the money for the actual bond purchase, and paid the money received under the same name from another person, thereby guaranteeing the principal and paying high-amount profits.

The Defendant received KRW 3,50,00,00 from the victim G to the Agricultural Cooperative account in the name of the Defendant on the same day from September 16, 2008 to August 23, 2014, a sum of KRW 4,912,581,013 during the period from September 16, 2008 to August 23, 2014, and received KRW 18,929,628,768 in total from 13 victims as shown in the list of crimes in attached Form (1).

Accordingly, the defendant, by deceiving victims, acquired the property from each other.

(b) No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report under Acts and subordinate statutes shall make an agreement to pay the full amount of investments or an amount in excess thereof in the future and without making such an agreement.

Nevertheless, on September 16, 2008, the Defendant provided that “If he purchases an insolvent bond and invests in a day to be redeemed, he/she may impose money on him/her, and guarantee the principal and pay a high amount of profit to him/her.” On the same day, he/she receives the money of KRW 3,500,000 from September 16, 2008 to August 23, 2014 from 13 persons in total as shown in attached Table (1).

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