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(영문) 서울남부지방법원 2017.12.18 2016고합113
사기등
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the fraud against K and L is acquitted.

Reasons

Punishment of the crime

To the extent that it does not substantially impede the defendant's exercise of his/her right to defense, the facts charged are partially revised and recognized as criminal facts.

"2016 Gohap 113"

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall commit any act of receiving contributions from many and unspecified persons under an agreement to pay the total amount of contributions or any amount in excess thereof in the future without obtaining authorization, obtaining permission, making registration, etc. under such Acts

Nevertheless, on September 24, 2014, the Defendant agreed to guarantee the principal of the investment and to pay a total of KRW 2 million per 40,000 won per 10,000 won per 10,000 won every five weeks a week on September 24, 201, in collusion with A, without obtaining authorization under the laws and regulations, etc., and received KRW 3,30,000 under the pretext of the investment, if the Defendant invested KRW 1.1 million in the victim AM in the office of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “AL”).

The Defendant, in collusion with A, received 6,076,928,680 won in total from August 22, 2014 to December 19, 2014, as shown in the daily list of crimes (except in cases of net 689 to 728, 1365 to 1377) from around August 22, 2014 to around December 19, 2014, and received 6,076,928,680 won under the pretext of investment.

2. The Defendant and A, at around September 24, 2014, shall make an investment in the AL office in the AL farm business in Gangwon-do, the farming house business in return to the rural community, and the mushroom complex business, thereby gaining two times the investment amount, or pay 180% of the investment amount to investors through the advertising income through NN and AO as dividends.

“Falsely false.”

However, in fact, since a tree project promoted by A in the crossing of Gangwon-do had already been suspended, it was not possible to obtain profits from the project, there was no advertising revenue through N or AO, and the profit dividends from the investment amount reached approximately two times the investment amount, and it is existing as the investment amount of new investors.

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