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(영문) 서울동부지방법원 2016.12.22 2015고단3791
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a person who operates an auction institute under the name of “D”.

"2015 Highest 3791"

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making a registration or report under Acts and subordinate statutes, shall engage in any business of raising funds from many and unspecified persons, without making a promise to pay the total amount of investments or an amount in excess thereof in the future;

Nevertheless, in collusion with F, etc. operating E, a fund-raising company, the Defendant, in collusion with F, etc., shared their respective roles to take charge of investment explanation, investment inducement, and F, etc., and solicited investors to take charge of the overall financing management, and to attract the principal and profit, and then to pay it as principal and profit, etc. for senior investors.

Accordingly, around January 27, 2013, at the DNL education center located in Gangnam-gu Seoul Metropolitan Government, the Defendant purchased at least 30% of the NPL (non-performing bonds) with priority mortgage created against the victim H from the securitization company, and changed the NPL to the creditor and receives a successful bid with the maximum debt amount.

It takes about four months from the date of receiving dividends. If investment is made in the NPL related to the I building in the Cheongju District Court, 20% of the investment principal and profit will be paid at the same time after four months based on the profits of 5 percent per month.

“In solicitation of investment to the effect that “50,000,000 won was remitted through the passbook in the name of the Defendant through the passbook in the name of the Defendant’s bank in the name of the Defendant,” and in such a manner as above, the annexed crime list i.e., [i], [Attachment], [Attachment], [Attachment], and [Attachment], and [Attachment], all of the victims, such as the victim’s name and the victim’s name and the victim’s name, agreed to pay the victims a profit of 3 to 5% per month and 3

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