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(영문) 수원지방법원 2018.01.18 2016고단5913
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 1, 2010, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law in the Gwangju District Court’s net support on September 1, 2010, and completed the execution of the sentence in the Gwangju District Court on October 10 of the same year. On October 14, 2016, the Defendant was sentenced to seven months of imprisonment for a crime of fraud from the Suwon District Court’s Suwon District Court’s imprisonment on March 8, 2017, and the judgment became final and conclusive.

[Criminal facts] The Defendant, as the chief executive officer of C’s general headquarters, has overall control over the receipt of investment funds.

1. No person who violates the Act on the Regulation of Similar Receiving Acts shall make an agreement to pay an unspecified number of persons the principal or an amount in excess of the principal in the future without obtaining permission from the authorities, and receive the investment money;

Nevertheless, the defendant agreed with D (the current location unknown) which is a person in charge of receiving investment funds from the above company without permission from the authorities, and that around June 2013, the defendant received KRW 6 million from the victim H on June 27, 2013, through the victim G, the victim H, and the victim I in Seoul Special Metropolitan City, from the victim G office located in the Geumcheon-gu E Co., Ltd. and the Seoul Special Metropolitan City FF building No. 1411, the defendant collected the above-profit business, and the amount of the investment will be guaranteed as the profit-making business, and the principal will be paid as the profit equivalent to 7% of the principal amount of the investment every four months.

Thus, the defendant, in collusion with the above D, committed a similar receipt act without obtaining the authorization of the authority for the business to guarantee the principal and receive the investment money.

2. The facts of fraud are money from many unspecified investors of the above company for the purpose of making a profit-making business.

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