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(영문) 대전지방법원 2013.06.14 2012고단2475 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is the representative director of the FF corporation established for the purpose of purchasing and collecting bonds.

[2012 Highest 2475]

1. On September 17, 2010, in collusion with G, a business director of the FF stock company, the Defendant: (a) in the Jung-gu Daejeon District Office, Daejeon, Daejeon, on September 17, 2010, the Defendant acquired the victim D with the intent that “F stock company is making high profits with the company that sells bonds at a bank to cover it; (b) if it is trusted and invested, it shall guarantee the profits of 2% per month; and (c) it may return the principal after one year; and (d) it may receive money from the victim or make a re-investment.” In short, the Defendant acquired the money from the victim to the national bank account in the name of F corporation to make a authentic deed of a monetary loan agreement.

In fact, the FF corporation failed to start the purchase and collection business of outstanding bonds because it was unable to invest funds to purchase bad bonds, and thus, it did not have any intent or ability to pay the profits promised to the victim because it was paid allowances to investors with investments received from investors and used them as business expenses of the company.

2. The Defendant, in collusion with G in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, received KRW 50 million from D as investment money, as described in paragraph (1), and agreed to pay the total amount of principal or an amount in excess thereof in the future from the F Co., Ltd. office of Daejeon Seo-gu Seoul Special Metropolitan City from October 27, 2009 to April 25, 201, and imported 21 times in total from 10 to April 25, 201 as stated in the annexed list of crimes.

[2012 Highest 2574] The Defendant collected non-performing loans from the Franman's office on February 2, 201 at the Franman's office, and the victim J is entitled to return.

on the amount of investment made by the Party.

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