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(영문) 부산지방법원서부지원 2020.08.14 2019고단2555
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 10, 2013, the fraud Defendant stated that “The victims B shall have a lot of money to carry on the clothing business in the Seodaemun-gu, Busan. The merchants of the Dongdaemun-gu lent money to the same in which they would be paid a high interest if they lend money to the said merchants. If they make an investment, they may receive a high interest if they lend money to the said merchants of the Seodaemun-gu. (b) If they receive a high interest by lending money to the said merchants through the same students, they will return the money at any time when they want to pay a high interest of 15 copies from 10 copies per month and return the principal to the said merchants of the Seodaemun-gu.”

However, in fact, the Defendant did not have any particular income or property, received money from the victim B in the absence of living expenses, considered to be used to repay the existing debts, and there was no other income than receiving investments from the investors, and even if he received money from the victim B, there was no intention or ability to return the principal to the victim B.

Nevertheless, the Defendant, as seen above, received KRW 5 million from 8 victims in sum from 116,400,000 in the same manner as indicated in the attached list of crimes, such as taking over and taking over KRW 110,00,00 from around that time to July 4, 2018, as well as receiving KRW 836,40,00 in sum from 8 victims, by means of the same manner as indicated in the attached list of crimes, in which the Defendant received money from 36,400,000 from the victim B to

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission or authorization under the finance-related Acts and subordinate statutes shall receive investments from many and unspecified persons;

Nevertheless, as described in paragraph (1), the Defendant explained to B that “in the event of an investment, from 10 to 15 parts of the principal shall be paid by adding the interest on the principal,” and recommended investment, and received a total of KRW 111,00,000 from B.

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