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(영문) 대전지방법원 2018.06.21 2018고단1090
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On January 2013, 2013, the Defendant was the Defendant’s house at the company of the Daejeon-gu Daejeon apartment house 203 Dong 704, the Defendant at the time was not an investment program using an exclusive account for executive officers and employees, and there was no specific occupation or special property. Therefore, even if the Defendant received money from an unspecified number of unspecified persons for the purpose of investment deposit, it was merely intended to use the money as an investment deposit under the name of repayment of personal debt or other investors, and did not have the intent or ability to pay the proceeds or return the principal. However, the Defendant called the victim E who became aware of the birth in the middle school of Dong Chang-gu, the Defendant was the executive officer of the company “D”, and if the Defendant made an investment of KRW 6 million from the company to the exclusive investment account for executive officers and employees, the principal shall be returned after two years, and the Defendant shall be paid KRW 305 million equivalent to 5% of the monthly investment proceeds.

“Along on January 31, 2013, 12,00,000 won was remitted from the victim to the FF account under the name of the defendant for investment, and from February 2, 2018, from the time to February 2, 2018, 12 victims were remitted total of KRW 1,136,850,000 as investment money as shown in the list of crimes.

Accordingly, the defendant was delivered KRW 1,136,850,00 by deceiving the victims.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall make an agreement to pay the total amount of contributions or an amount in excess thereof to an unspecified number of persons in the future without obtaining authorization, permission, etc. from the authorities, and receive similar receiving contributions;

Nevertheless, on January 2013, the Defendant called E at the Defendant’s house, as described in paragraph 1, and made an investment of KRW 6 million in the company’s exclusive investment account for officers and employees.

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