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(영문) 대전지방법원 2018.05.24 2018고정249
사기등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, a similar recipient company operated by Daejeon Jung-gu, Daejeon, is a " receipt book" in which the Defendant recruits investors as an employee of the LAB.

No one shall engage in a similar receipt of investments under the agreement to pay the total amount of investments or the amount in excess thereof without obtaining authorization, making registration, etc. required by other Acts and subordinate statutes.

Nevertheless, on January 20, 2016, the defendant is a product that invests in the Internet gambling site in the victim E and the victim F office in the above-mentioned Dispute Resolution D office.

1 If an investment of KRW 1.8 million per old unit is made, a total of 136% profits shall be paid by paying 17% per share for 8 weeks.

“.....”

However, in fact, the LAD intended to use most of the investment funds received from the damaged investors in the form of “return prevention” in the manner of paying allowances to the upper-tier investors and operating expenses of the company, so it is impossible for senior investors to pay profits to the higher-tier investors in return for the principal unless new investors are retained continuously.

Nevertheless, from January 20, 2016 to February 26, 2016, the Defendant received 28,800,000 won from the victim E, and acquired 83,200,000 won from January 22, 2016 to February 26, 2016, and acquired 112,00,000 won from the victim F for the purpose of money investment, and acquired them by transfer for the purpose of money investment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes governing receipt of each complaint (E, F), deposit in a stock market, promissory note, contribution certificate, and cash custody certificate;

1. Relevant legal provisions and the choice of punishment for the crime - Article 347(1) of the Criminal Act (the fraud, victim type) - Article 6(1) of the Act on the Regulation of Similar Receiving Acts (including each victim), Article 3 of the Act - Article 30 of the Criminal Act, and the choice of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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