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(영문) 울산지방법원 2016.02.16 2015고단1888
사기등
Text

Defendant

A Imprisonment for eight months, Defendant B, and C shall be punished by a fine for six months, and Defendant D shall be punished by a fine for 4,00.

Reasons

Punishment of the crime

Defendant

A is the representative director of the “F” registered with the Gyeonggi-do Office as a non-profit organization on January 19, 201, and the Defendant D Co., Ltd. established around May 4, 2012.

Defendant

B and Defendant C are the interest of the head of the Ulsan District Headquarters, and the head of the Center in the Ulsan District of the above D Co., Ltd.

1. Joint crimes committed by Defendants A, B, and C

A. On December 14, 2012, the Defendants were unable to make a short-term profit by using investment funds, even if they received investment funds from victims E, etc. from the Nam-gu G Lending, Ulsan-gu, Seoul-gu, and the Defendants had no intention or ability to pay to the investors a agreed high-rate profit by paying dividends by using investment funds attracting from the next-order investors in a short-term manner to repay the principal and interest of existing investors in succession within the short-term period. Accordingly, the Defendants did not have any intent or ability to pay the agreed high-rate profit to the investors because of extremely weak monetary basis for the redemption of the investment principle, such as it is anticipated that if a new investor is not invited to do so.

Nevertheless, the Defendants would pay severe activity expenses and performance money to victims E, etc. as a result of the joint purchase of money invested.

A false statement was made.

As above, the Defendants, by deceiving the victim E, obtained a total of KRW 40,980,00 from April 26, 2013, as shown in the List of Crimes, including importing KRW 1,00,00 from the victim E, etc. as investment funds.

(b) No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall import any money under the pretext of deposits, installment savings, deposits, etc. in order to engage in business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration or report under other Acts and subordinate statutes;

Nevertheless, the Defendants are the defendants.

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