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(영문) 광주지방법원 2013.08.29 2013고단2414
사기등
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A is a director of C Company and D Agricultural Partnership, and Defendant B is a director of the said Corporation.

After the Defendants agreed to attract investors to receive money from them, and to attract them, Defendant A conspired to perform activities such as business plan, establishment of plans to attract investment, attraction of investment, publicity, etc., and Defendant B conspired to conduct accounting, administrative affairs, attraction of investment, publicity, etc.

1. On May 2, 2012, the Defendants told the Victim F to the D Farming Association Office located in Gwanak-gu, Seoul Special Metropolitan City, that “The Defendants made an investment in order to establish a de facto riding club. In making an investment, interest rate shall be 20% per week and principal shall be paid at once after three months.”

However, in fact, the Defendants did not establish a specific investment plan for the establishment of an indoor riding club and did not have all facilities, and there was no intent or ability to pay principal and interest even if they did not receive investments from investors because there was no particular property or income, and the money invested from investors was operated in the form of return to the payment of principal and interest of the investors.

As a result, the Defendants conspired with the above victims to pay KRW 10,00,000 by a non-credit card owned by the victim as D agricultural partnership on the same day from April 19, 2012, as well as to receive an amount equivalent to the same amount.

7. From November 1, 200 to the same method, both victims were provided with KRW 113,210,000 in total over 23 times as the annexed list of crimes.

2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under other Acts and subordinate statutes, or without making registration or report, etc., shall make the total amount of investments in the future.

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