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(영문) 창원지방법원 마산지원 2016.09.07 2016고단643
사기등
Text

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without authorization, permission, registration, or reporting under other Acts and subordinate statutes shall engage in any business of raising funds from many and unspecified persons without permission, registration, etc., and agreed to pay the total amount of contributions or an amount in excess thereof in the future, without permission, etc.

C was the representative of the "E" in Gangnam-gu Seoul, and the defendant was the head of the Gyeongnam Center for the above company.

Around March 2014, the Defendant received the proposal from C to the above E office, stating, “When investing KRW 1 million in China, 15% of the investment amount will be paid as a solicitation allowance if he/she gathers investors on the condition that he/she will return the total of KRW 1.2 million for 24 days each day except for holidays from the following day of the investment.”

On March 10, 2014, the Defendant issued KRW 1.2 million in total for 24 days each day except for a holiday from the next day of the investment to May 7, 2014, to G without obtaining authorization from the competent authorities, and without filing a registration or report, etc., at the office in the office in the Gyeonggi-si, Changwon-si, the second floor of which is located, “E shall operate a entertainment game business in China, and the sales amount is approximately KRW 3.0 billion each year. If the investment is made in this place, the Defendant would give a large sum of KRW 1.2 million each day except for a holiday from the next day of the investment.” From around that time to around April 10, 2014, the Defendant received KRW 2 million from G for investment purposes, such as a total amount of KRW 8,700,000,000 from the following day to May 7, 2014.

As above, the Defendant conspiredd with C to receive the fund without delay.

2. The Defendant’s fraud, around May 2, 2014, invested KRW 495,00 per one unit of money from the victim G, H, I, J, K, and L to “M farming association (N)” on the second floor of Changwon-si, Changwon-si.

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