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(영문) 인천지방법원 부천지원 2013.07.18 2013고단665
유사수신행위의규제에관한법률위반
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 17, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud in the Incheon District Court Branch of the Incheon District Court for 8 months, and the said judgment became final and conclusive on April 25, 2013.

【Criminal Facts】

The defendant is the representative of corporation E in Seongbuk-gu, Sungnam-gu.

No one shall without permission, authorization, etc. from an authority to make a payment for the total amount of contributions or an amount in excess thereof in the future and without permission, etc. for the same purpose as receiving money, etc. from many and unspecified persons.

Nevertheless, the Defendant received funds from the victims without obtaining permission from the authorities as follows.

1. The Defendant, without obtaining permission, etc. from the authorities around August 1, 2010, agreed to the effect that “the Defendant would make profits from the sale of fat fat fat fat fat fats and make an investment in money exceeding 1 million won per one unit, after paying for gift certificates of face value equivalent to 120 percent of the investment amount, and exchange the said gift certificates in cash for three months,” and received investment KRW 1,00,000 from the said victim’s office.

In addition, from April 9, 2010 to August 27, 2011, the Defendant received an investment of a total of KRW 793,280,000 from an unspecified number of victims on a total of 161 occasions, as shown in attached Table 1, and received an investment without delay.

2. On December 15, 2010, the Defendant agreed to the victim G at the above place that “if an investment is made in creating profits by running the yellow swine business, the principal shall be returned within six months, and 5%’s allowance shall be paid twice a month,” and the Defendant was invested in KRW 30,000,000 from the said victim.

In addition, the Defendant’s aforementioned method from October 15, 201 to May 31, 201, together with 82 times in total, as shown in attached Table 2 from the victims.

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