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(영문) 창원지방법원 2013.08.22 2013고합65
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for four years, by imprisonment for one year and six months, and by imprisonment for eight months, respectively.

(b).

Reasons

Punishment of the crime

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud Defendant made a false statement to the effect that “The victim G is making high profits by providing credit business to the social guidance story, such as politics, at a place where the specific address in Changwon is unknown, at around March 2011.”

However, even if the defendant received money from the victim, he did not have the intent or ability to return the money to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 6 million from the victim on March 30, 201, and received KRW 13,681,689,545 in total from March 8, 201 to March 8, 2013, as indicated in the list of crimes 1, as well as from March 2, 2013 to KRW 13,681,689,545 in total as investments.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission or making any registration or report under other Acts and subordinate statutes shall engage in fund-raising business from many and unspecified persons;

Nevertheless, around August 201, the Defendants conspiredd to attract investors by dividing the profits according to the ratio separately determined by Defendant B to the investors with respect to the investors recruited by Defendant B, after having directly received the profits from Defendant A.

Defendant

A without registering, reporting, etc. from March 30, 201 to March 8, 2013, by the method referred to in paragraph 1, a total of 13,681,689,545 won, which is total of 2,156 times as shown in attached Table 1, as shown in attached Table 1, has been remitted from many unspecified persons in collusion with Defendant A, and Defendant B shall make an investment amount of 315 times in total from August 201 to March 4, 2013, in collusion with Defendant A.

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