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무죄집행유예
red_flag_2(영문) 대구지방법원 2004. 12. 29. 선고 2003고합503,2004고합155(병합),2004고합411(병합),2004고합421(병합),2004고합452(병합),2004고합595(병합) 판결

[특정경제범죄가중처벌등에관한법률위반(사기)·사기[피고인1,4에대하여는일부인정된죄명:특정경제범죄가중처벌등에관한법률위반(사기)]][미간행]

Escopics

Defendant 1 and six others

Prosecutor

Mack police officer;

Defense Counsel

Attorneys Kim Jin-jin et al.

Text

Defendant 1-A. (1), (2) (a), (3), (4) (a), (5), (6), (1-2 (1) through (3), (4), (4) (a), (5), (5), (5)-2 (a), (4)-2 (a), (5)-2 (a), and (8)-2 (a)-2 (a), (4)-2 (b), and (5) through (8)-2 (a)-2 (c)-2 of the judgment, shall be punished by imprisonment for six months, by imprisonment for three years, by imprisonment for three years, by imprisonment for one of three years, by imprisonment for one of 1-2 (a), (2)-2 (a), and (2)-2 (a)-2 of the judgment, and (1)-3 (b)-4 of the judgment, by imprisonment for six months, by imprisonment for one of 1-3 (b), 1-1 (3)-2 (a), (1)-2 (a), (2), (3)-4)-1-2 (a), and (3)-2-2);

The 14-day detention days prior to the pronouncement of this judgment shall be included in the above sentence as to the crimes of (1) and (2) (a), (3), (4), (5), (6), 1-B, 1-E, (1) through (3), (4), (4) (b), and (5) through (8) in the judgment of the court on the defendant 1.

However, the execution of each of the above punishments shall be suspended for four years for Defendant 2, 3, 5, and 6 from the date this judgment became final and conclusive, for three years for Defendant 4, for Defendant 7, and for two years for Defendant 7.

Of the facts charged in the instant case, each of the frauds against Defendant 2’s Nonindicted 1 and Nonindicted 2, and the frauds against Defendant 4’s Nonindicted 3, Nonindicted 4, Nonindicted 5, Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 9, and Nonindicted 10 are acquitted, respectively.

Criminal facts

Defendant 1 and 2 were sentenced to a suspended sentence of three years for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Daegu District Court on April 24, 2001, and the judgment was finalized on May 3 of the same year; Defendant 3 was sentenced to a suspended sentence of two years for a violation of the Commercial Act at the same court on April 26, 200, and the judgment was finalized on May 4 of the same year; Defendant 4 and 7 were sentenced to a suspended sentence of two years for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the same court on April 24, 2001; Defendant 5 was sentenced to a suspended sentence of one year for a violation of the same Act on May 3 of the same year; and Defendant 5 was sentenced to a suspended sentence of one year and 6 months for the same offense at the same court on April 24, 201, and Defendant 6 was sentenced to a suspended sentence of one year and 7 years for which the judgment was finalized on May 3 of the same year.

Defendant 1 changed the name of the company by changing the site location of the Daegu Branch of AMI Co., Ltd. (IMF), the 2nd head of the said branch, Defendant 3 the chief of the said branch, Defendant 4 the chief of the 8th head of the said branch, Defendant 5 the chief of the said branch, Defendant 6 the chief of the 6th head of the said branch, Defendant 7th head of the said branch, Defendant 7 the 7th head of the said branch, and Defendant 7 the 7th head of the said branch, and the 7th head of the Korea Venture Capital Co., Ltd., Ltd., the Han LABD Co., Ltd., the Han LABD Ltd., the IMMD Co., Ltd., the IMD Co., Ltd., the 6th of the said branch, the 5th of the said branch, and the state portalS Co.,, Ltd. (hereinafter referred to as the “stock company”) from the name of the company at any time to avoid control by investigation agencies.

1. The investment share of at least 500,000 won shall be invested and at least 3 through 20 percent of the monthly investment under the pretext of principal and dividends from investors in Daegu Branch. At least 8 percent of the investment share shall be paid to investors in the manner that the investment attraction allowance is made for investment attraction, and at least 111 percent of the principal, dividends and allowances for one month shall be paid to investors, etc. as well as at least 111 through 128 percent of the amount actually invested in the said company. On the other hand, the said company has invested in other venture businesses in which it is determined whether to profit-making without clear and clear profit-making in reality, and it is operated by the method of paying interest, etc. on the ordinary expenses and the amount of investment share from customers under the pretext of capital, and it is ultimately impossible to pay the principal and interest to investors without any further consideration if it is difficult for investors to pay more than the above amount under the pretext of investment inducement under the Act on the Regulation on Redemption of Investments from other similar Entities.

(a) (The facts charged as permitted for modification of each indictment on August 29, 2003 and October 4, 2004 among the cases of 2003 high-priced 503);

(1) Defendant 1 and 4 conspired,

around August 5, 200, 200, the defendant 12 of the victim non-indicted 11 who is the title investor of the investment at the consulting office office of the above IMM on the 18 and 19th floor of the Namyang-dong, Daegu-dong Lifelong Building (hereinafter referred to as the "FSC") in Daegu-gu, Daegu-gu, Inc. (hereinafter referred to as the "Non-indicted 12") will pay 3% dividend to the investment money and repay the principal at the expiration of the investment period by paying the investment payment to the above Dorung-gu, etc. If the investment product is invested without any restriction on the investment limit to the investment product. Our company has 30 economic experts, such as economic deliberation, and has a strong financial structure. Our company is a investment advisory company of the Financial Supervisory Commission. It means that the company receives 70,000,000 won from the non-indicted 12 to February 13, 2001, by acquiring it through fraud from 11 through 8, 13 and 20008,500

(2) (A) Defendant 1 conspireds with the upper defendant 2, etc.;

On November 25, 1999, at the Daegu-gu Office for the Daegu-dong Masan Branch of Korea Venture Capital Co., Ltd., the victim non-indicted 13, stating that "if an investment is made by making an investment of at least 500,000 won in one unit of investment product and without any restriction on the investment limit, 3 through 20 percent dividends shall be paid every month from the investment money and at least 8 percent of the investment money shall be paid as an investment attraction allowance at the time of attracting investment," and it shall be received from non-indicted 13 as an investment money from March 3, 2001, from that time to March 3, 2001, he shall receive from the victims a total of KRW 1,911,00,000 as investment money, each of them shall be acquired from the victims for 149 times in total as shown in the attached list of crimes (2).

(B) Defendant 2 in collusion with Defendant 1:

Around November 25, 1999, at the Daegu Branch Office of Korea Venture Capital, in the same manner as described in paragraph (a) above, deceiving Nonindicted 13 of the victim in the manner as described in paragraph (a) above, and then receive KRW 8,00,000 from Nonindicted 13 as investment money, from that time until March 3, 2001, from that time, Nonindicted 13 received KRW 1,858,00,000 in total as investment money from the victims for 139 times in total, as described in subparagraph (2) of attached Table of Crimes (2) Nos. 1, 2, 8 through 19,22, 24 through 81, 84 through 149;

(3) Defendant 1 and 3 conspired,

(A) On March 15, 200, at the Daegu Branch Office of Han-ro Venture Capital, a sum of KRW 15,000,000,000 in total, as shown in the [Attachment] No. 8,13 as shown in the List of Crimes (3) No. 8, and 13 during the period from March 27, 200, by deceiving Nowon-gu in the same manner as described in the above (2) Item (a) and receiving KRW 10,000 from Nowon-gu in the manner as stated in the above (3) Item 2, each of them shall be acquired, and shall be acquired, respectively, as investment money, from Chang-gu in the same year.

(B) On January 28, 200, at the Daegu Branch Office of Han-ro Venture Capital, a sum of KRW 2,071,00,000,000 shall be received from victims on 172 occasions in total as shown in the attached crime list (3) Nos. 1 through 7, 9 through 12, and 14 through 174, from that time, from February 26, 2001, by deceiving the victim Kim Chuncheon in the same way as described in paragraph (2) (a) above, and from that time he received 3,00,000 won as investment money from Kim Chuncheon to February 26, 201; and

(4) (A) Defendant 1 conspireds with the upper defendant 4, etc.;

On February 25, 2000, at the Daegu Branch Office of Korea Venture Capital, in the manner described in paragraph (2) (a) above, deceiving Nonindicted 1 of the victim in the manner described in paragraph (2) above and receiving from Nonindicted 1 the amount of KRW 40,000,000 from that time until February 17, 2001, each of them shall be acquired from victims total of 1,260,50,000 as investment money, from the victims 77 times in total, as described in attached Form 1 (4);

(B) Defendant 4 in collusion with Defendant 1:

From July 20, 200 to July 20, 200, by deceiving the victim YI in the Daegu Branch Office in the same way as the above paragraph (2) (a) above, and then receiving 40,000,000 won from 00,000 won from 00 to February 17, 2001, from that time, the above AIM received 805,50,000 won in total as investment money from the victims for 46 times in total, including the list of crimes (4) Nos. 19 through 25, 27, 29, 31, 33 through 47, 35 through 62, 65 through 77.

(5) Defendant 1 and 5 conspired,

Around February 8, 2000, at the Daegu Branch Office of Han-ro Venture Capital, a sum of KRW 1,600,000,000 as investment money, from the time to February 20, 2001, from the time of deceiving the victim's South Korean-style ship in the same manner as described in paragraph (2) (a) above, and received KRW 3,00,000,000 from the victims for total 137 times as described in the attached crime list (5) from February 201, each of them shall be acquired, and shall be acquired, respectively, from the victims, for investment money.

(6) Defendant 1 and 6 conspired,

From February 28, 200 to February 12, 2001, the Daegu Branch Office of Korea Venture Capital by means of the above paragraph (2) (a) above, deceiving the victims of abnormal stocks and received KRW 1,000,000 from the abnormal owners, from that time until February 12, 2001, each of them obtains KRW 408,00,000 in total as investment money from the victims 36 times in total, as shown in the list of crimes in attached Table (6) from February 28, 201;

(b) (Criminal facts of the case No. 2002 Godan9709 before the transfer to the collegiate panel of the case No. 2003 Gohap503);

Defendant 1 in collusion with the head of Daegu Branch, Nonindicted 20 and Nonindicted 21:

On September 18, 1999, at the Daegu Branch Office of Korea Venture Capital, in the manner described in paragraph (a) (1) above, deceiving Nonindicted 2 of the victim in the manner described in paragraph (1) above, and it was received 13,000,000 won from Nonindicted 2 from February 3, 2000 to February 3, 200 as shown in the list of crimes in the attached Form (7) from that time, he shall obtain from Nonindicted 2 an aggregate amount of KRW 458,489,60 in the same manner as investment money, and shall obtain it by fraud, as shown in paragraph (7) above;

C. (The facts charged in the instant case No. 2004Gohap155) Defendant 2:

(1) in collusion with the highest question,

Around December 23, 2000, by deceiving the victim's outer anti-smoking through the Franju, an employee, in the manner referred to in paragraph (a) (1) above, at the consultation office of Daegu-dong-dong-gu, Daegu-gu, 9,100, in a manner referred to in paragraph (1) above, and by deceiving the victim's 20,000,000 won as investment money from the above victim;

(2) Around February 25, 2000, at the Daegu Branch Office of Han-ro Venture Capital, a sum of KRW 55,000,000,000 from that time until February 8, 2001, the victim by deceiving the victim by means of the above paragraph (a) (i) above, and by deceiving the victim by means of the above paragraph (a) (i) above, from that time, from that time to February 8, 2001, had been received from the above victim as investment money, from that time to February 10, 201; and

D. Defendant 3:

(1) (Criminal Facts in the instant case No. 2004Gohap411)

On January 31, 200, at the Daegu Branch Office of Han-ro Venture Capital, Inc., Ltd., in the manner referred to in subparagraph (1) of the above paragraph (1) of the same Article, deceptions the victim's Lee in the manner referred to in subparagraph (1) of the same paragraph, and receives 53,000,000 won from the victim as investment money at the same place on February 8, 200, from that time until January 12, 2001, by taking 908,00,000 won in total as investment money from the above victim by the same method as shown in subparagraph (9) of the attached list of crimes.

(2) (2) The facts charged in the instant case No. 2004Gohap421

On March 200, the end of Daegu-gu Office of the Daegu-do Masan Masan Round on the first floor of the said IMM in the Daegu-dong Masan Building, made investments in the company participating in the Government as a venture business that is promising to make an investment. The above company is expected to take up for the width of the Republic of Korea. When making an investment, the company will pay interest of 3 percent per month as a dividend. The above company will take interest of 19,000,000 won around April 4 of the same year and from April 12 of the same year, it shall receive from the above victim the sum of 10,000,000 won around April 12 of the same year, and shall acquire from the above victim the sum of 29,000,000 won around 29,000,000 won; and

(3) (No. 1. C. of the facts charged in the case No. 2004Gohap595)

On May 17, 2000, at the Daegu Branch Office of the IMM on the basis of the foregoing paragraph (1) 13, deceiving the victim non-indicted 13 in the same manner as the above paragraph (1) of the same paragraph, and by deceiving the victim from the female in tin, that is, by fraud, from the female in tin, under the pretext of investment;

(4) (Article 2. D. of the facts charged of the case No. 2004Gohap595)

On January 13, 2001, the above AM consulting office received 100,00,000 won as investment money from the above victim immediately, and acquired 10,00,000 won as investment money from the above victim, and acquired it by deceptively, despite the fact that it was difficult to conduct the normal business of the AMM World and it was not clear whether it continues to exist or not due to the above circumstances as seen in the facts of Paragraph 1, at the Daegu Branch Office, even though it was not clear whether it was in existence or not.

(e) (The facts charged in the case of No. 2004Gohap452)

The decision is made to obtain money from investors by means of the same manner as seen in both the e-mail, hand-concied, le-concied, e-mail and 1.1., an actual operator of the consulting or an officer of its head office;

(1) Defendant 1 and 2 in collusion with Nonindicted 20, the head of the Daegu Branch of the said enterprise,

(A) On August 2, 200, 200, 2000 won was 564,00,000,000 won from the above victim from February 20, 200 to February 20, 201, after deceiving the victim Kim Chuncheon in the manner referred to in paragraph (a) (1) of the above IMM at the consulting Daegu office of the 18 and 19th floor of the building in Namyang-gu, Daegu-dong, Daegu-dong, Busan-dong, Busan-dong, Incheon-dong, by means of the above paragraph (a) (1) of the above A, and it was received 23,00,000 won as investment money from the above victim from the above victim from February 27, 2001.

(B) On January 30, 200, at the Daegu Branch Office of the Han-ro Venture Capital, a false statement was made to the effect that the above paragraph (a) is the same as that of the above paragraph (1) and its affiliated members received 5,000,000 won as investment money from the victim from the victim from February 28, 2001 to February 28, 2001, and acquired 1,139,70,000 won in total as investment money from the victims from the victims 129 times in total, as shown in the list of crimes in attached Table (11).

(2) Defendant 1 in collusion with Defendant 3 and Nonindicted 20:

On February 18, 200, at the Daegu Branch of Han-ro Venture Capital, a false statement to the effect as referred to in paragraph (1) of the above paragraph (a) is made to the victim Lee Won at the Daegu Branch of Han-ro, a sum of KRW 782,00,000,000 from the victim from January 12, 2001 to January 12, 2001, as shown in the List of Crimes (12) as shown in the attached Table of Crimes (12). The above victim acquired it by deceiving the above victim by 19 times in total for investment.

(3) Defendant 1 and 3 in collusion with Nonindicted 20:

From February 1, 200 to March 5, 2001, at the Daegu Branch of Han-ro Venture Capital, a false statement is made to the effect that it is identical to paragraph (1) of the above A, and it is from that time to March 5, 2001, the victim took 1,472,450,000 won in total as investment money from victims for 146 times in total, as shown in the list of crimes in attached Form (13), from that time, from that time to March 5, 2001.

(4) Defendant 1 in collusion with Nonindicted 20 and Nonindicted 21

(A) On January 2, 200, at the Daegu Branch Office of Han-ro Venture Capital, a false statement was made to the effect that the above paragraph (1) is the same as the above paragraph (a) and its affiliated members received from the above victim the amount of KRW 50,000,000 as investment money from the above victim from the above victim from February 14, 2001, from then to February 14, 2001, the above victim acquired the total of KRW 590,000,000 as investment money from the above victim over 22 times, such as the list of crimes in attached Table (14).

(B) On January 12, 200, at the Daegu Branch of Han-ro Venture Capital, a false statement was made to the injured party Gangwon-do office as referred to in paragraph (a) of the above A, and its affiliation was obtained from the above injured party about 26,00,000 won as investment money from the above injured party from March 18, 201, and from then until March 18, 2001, from then until March 1 through 77, 79 through 91, 93 through 125, 127 through 137, 139 through 162, 164 through 181, 183 through 200, 202 through 204, 206 through 203, 295 through 341, 343 through 348, 294 through 305, 294 through 4284, 205 to 304.

(C) On July 7, 200, the above AIM made a false statement to the victim Kim Young-hwan at the Daegu consulting office as referred to in the above A. (1) and its affiliated members obtained from the above victim about KRW 1,00,000 as investment money from the above victim from June 14, 2001, from around 78, 92, 126, 126, 138, 163, 182, 201, 205, 294, 342, 390, 391, 423, 424, 429, 429, 430, and 89,000,000 won in total as investment money from the victim Kim Young-young, and from June 14, 201.

(5) Defendant 1 and 7 in collusion with Nonindicted 20:

Around March 4, 2000, a false statement was made at the office of the Daegu branch of the Han-ro Venture Capital to the effect as referred to in paragraph (a) of the above paragraph (1) of the same paragraph, and its affiliation was acquired from the above victim the sum of KRW 41,000,000,000, in total, around September 27, 2000, and around December 12, 2000, as investment money, from the above victim, and acquired from the above victim the sum of KRW 41,00,000,000, in total, around 20,000;

(6) Defendant 1 and 5 in collusion with Nonindicted 20

Around January 4, 2000, at the Daegu Branch of Korea Venture Capital, a false statement was made to the victim Park Gyeong-gu Office with the same purport as Paragraph (1) of the above A, and its affiliates received from the above victim about KRW 5,000,000 as investment money from the above victim from February 29, 2001, from that time until February 29, 2001, the sum of KRW 3,282,30,000 as investment money from the victims was 232 times in total, as shown in the List of Crimes (16).

(7) Defendant 1 and 6 in collusion with Nonindicted 20

(A) On February 10, 200, at the Daegu Branch Office of the Han-ro Venture Capital, a false statement was made to the effect as referred to in paragraph (a) of the above paragraph (1) with the same purport, and it was obtained from the above victim about 50,000,000 won as investment money from the above victim from the above victim from January 30, 200, from then to January 30, 2001, the above victim acquired 1,568,50,000 won in total as investment money from the above victim over 63 times in total, as shown in the List of Crimes (17).

(B) On July 11, 200, 200, the above AMM’s consulting office made a false statement to the maximum number of victims as referred to in Paragraph (1) above, and it received from the above victim about KRW 50,000,000 as investment money from the above victim from the above victim from January 18, 200, from around nine times in total, as shown in the List of Crimes (18) of the attached Table of the crime committed from January 18, 201, the above victim acquired 50,000,000 as investment money from the above victim for nine times in total;

(C) On January 19, 200, at the Daegu Branch Office of Han-ro Venture Capital, a false statement was made to the effect as referred to in paragraph (a) (1) above to the victim Kim Tae-so, and its affiliated members received 10,000,000 won as investment money from the above victim from the above victim from February 19, 2001, from then to February 19, 2001, the sum of KRW 2,131,150,000 as investment money was collected from the victims over 173 times in total, as shown in the List of Crimes (19) of the attached Table of (19).

(8) Defendant 1 and 4 in collusion with Nonindicted 20:

Around November 23, 2000, 2000 won was received from victims total of KRW 211,50,000 as investment money, from victims total of nine times until January 4, 2001 as shown in the attached Table of Crimes (20), and acquired them, respectively, by obtaining from victims total of KRW 211,50,000,000 as investment money, from the victims, at the consulting office in Daegu-gu, Daegu-gu, Daegu-gu, 200 to the effect that the above paragraph (a) was the same as the above subparagraph (b) of paragraph (1).

2. Defendant 3:

(a) (Article 2. of the Facts charged in the case No. 2004Gohap421)

Around May 12, 200, the fact at the Daegu Branch Office of the aforesaid AMMMD (hereinafter referred to as the “AVD”) was that it was difficult for the said company to conduct normal transaction of its shares within at least one to two years with investments and related legal system costs, and even if the existence of the company was unclear, even though it was not clear whether the company would continue to exist, the company would have purchased shares of the AVD.com at least 5,000 won per share after 2 to 3 months after the date of the purchase at approximately 15,000 won per share, the company’s 4,000 shares with internal shares at KRW 20,000 per share, and the company’s 4,000 shares are sold to the above victim under the pretext of the said 4,00 shares, and the company’s 200 won was acquired from the said company, and the company acquired them by fraud as the price for the above 200,000 won.

B. (No. 1. A. (b) of the facts charged in the instant case No. 2004Gohap595) the victim Nonindicted 13:

(1) Around April 200, the fact at the Daegu Branch Office of the aforesaid AIMD was in the same condition as the above Section A, which is an operating company of the securities transaction system that was invested and established by the said company, and cyber-mar.com, which is an operating company of the securities transaction system. However, it is false that the said company may impose on the said victim money which would be KRW 20,000 per share after approximately 2-3 months if it purchases the shares of the Smar.com in KRW 5,000 per share, which would be KRW 20,000 per share.”

(2) On May 16, 200, the facts at the Daegu Branch Office of the aforesaid AMM Round were in the same condition as the above Section A, but the net doping Information and Communications Co., Ltd. (hereinafter referred to as “net doping Information and Communications”) stated that “If the stocks of the net doping information and communications invested in the above company were set off several times after 2-3 months, the stocks of the net doping Information and Communications will be set off as soon as possible after a few times since 2-3 months,” thereby selling 28 shares of the above victim, and acquired 7,000,000 won from that person as the price therefor; and

C. (In the case of this case No. 2004 Highest 595, No. 2. A. b. c.) The victim Lee Jong-tae, the victim shall:

(1) On May 16, 200, the fact at the Daegu Branch Office of the aforesaid IMM Round is that, despite the circumstances described in the above paragraph (a) above, it is false that, “If the stocks of the net doping information and communications company invested in the above company are purchased in KRW 250,000 per share after about 2-3 months, it would be soon 1,00,000 per share after about 2-1,00,000 won per share” and that, in this context, it sells five shares of the net doping information and communications to the above victim and obtains KRW 1,250,000 from the above person for the price, it shall be acquired by fraud;

(2) On February 3, 2001, the facts at the consulting office of the above AMM, despite the fact that Cos., Ltd. (hereinafter “Cos”) was in the condition as seen in the above A., Ltd., the term “Cos (hereinafter “Cos”) was false, i.e., several times after about two to three months if the shares of Cos invested in the above company were sold to the above victim, and then acquired 1,200,000 won from that person for the price, and acquired 1,20,000 won for Cos’ shares from that person;

(3) On February 21, 2001, the fact at the consulting Daegu Branch Office of the above AIMS Co., Ltd. was in the same condition as seen in the above A., Ltd. (hereinafter referred to as the “A.S.”), despite the fact that “A.S. E.S. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E

Summary of Evidence

1. Each part of the defendants' statements that conform to the facts stated in this Court

1. In the fifth trial records, some statements that correspond to the facts described in the respective decisions of Defendants 1, 2, 3, 4, 5, and 6 in the trial records;

1. Each statement that conforms to the facts set forth in this Court by Non-Indicted 46, Non-Indicted 7, 7, Park Jong-young and Hong-gu

1. Each statement that conforms to the facts set forth in the judgment of Defendant 1, Defendant 1, Defendant 5, 6, 14, and 17 in the protocol of the April, 5, 6, 14, and 17;

1. Each statement that conforms to the facts indicated in the protocol of suspect examination of Defendants 1, 2, 3, 4, 5, 6, 7, the last door, 3, 5, 6, 7, the last door, leapsing, leapsing, leapsing, leapsing, and le

1. Statement consistent with the facts stated in the protocol of examination of a suspect on board prepared by judicial police officers;

1. Statement consistent with the facts in the judgment among suspect interrogation records prepared by judicial police officers for handling business affairs;

1. Each statement that conforms to the facts stated in the judgment among the interrogation protocol of a suspect of a leapment prepared by the assistant judicial police officer and a protocol of reference;

1. Each statement that conforms to the facts stated in the judgment in each statement of Lee Won-won and leapon prepared by the prosecutor;

1. Each statement that conforms to the facts stated in the judgment in each protocol of statement concerning a escape room, full-time dust, booming, Kim Ho-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Jong-kak, Park Young-kak and Park Young-young, which

1. Statement that conforms to the facts stated in the judgment in the statement of any blank column prepared by the judicial police officer handling affairs;

1. Each statement that conforms to the facts stated in the judgment in each statement of the key anti-smoking, door-like, Nonindicted 13, and Lee Jong-sung prepared by the judicial police assistant;

1. Each statement compiled in investigation records, each investigation report, each complaint, each additional complaint, each written complaint, each suspect's pocket book, each copy of each investment document, the duplicate of the Korea-Nelbyby-laws passbook, the copy of the admission certificate, the copy of the indictment, the written indictment, and each statement consistent with the facts stated in the judgment;

1. Each reference to the criminal records of the Defendants bound in the investigation records, each reference to the criminal records, each reference to the criminal records of the Defendants (case number omitted), each copy of the decision of the case (case number omitted), each copy of the decision of the second instance (case number omitted), each copy of the decision of the case of the second instance (case number omitted), and each reference to the criminal records of the first instance court which are bound in the public trial records;

Application of Statutes

1. Relevant Articles of the Act and selection of species;

A. Defendant 1, 2, 4, and 6

Each fraud described in Article 1. A. (1), 1. E. (1), 1. (2), 4. (a), 7. (a), and 7. (b) of the judgment on the victim non-indicted 11, Kim Chuncheon, Lee Jong-chul, Lee Jong-won, Lee Jong-soo, and Park Jong-soo, and the highest number of pages (including each victim respectively): Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1), and 30 of the Criminal Act (limited to the part on the victim Kim Jong-hwan, the part on the victim non-indicted 11, the part on the defendant 4, the part on the victim's gambling, and the part on the maximum number of pages)

B. Defendants

Article 347(1) and Article 30 of the Criminal Act (Provided, That Article 30 of the Criminal Act shall not apply to Article 1. (c) and Article 1.4-d (2) of the Criminal Act, and Article 30 of the Criminal Act shall not apply to Article 1.3-4(1) and Article 30 of the Criminal Act, respectively.)

C. Defendant 3

2. The fraud in each judgment: Article 347 (1) of each Criminal Act (Appointment of Imprisonment with prison labor);

1. Handling concurrent crimes;

Defendants: The Defendants: each of the crimes of fraud listed in the latter part of Article 37, Article 39(1) [Article 1.1 (1), (2) (a), (3), (4), (5), (6), 1. (b), 1. (1) through (3), (4), (4), (5) and (8) of the Criminal Act, and each of the crimes listed in subparagraphs (a) through (a), (4), (b), and (8) of Article 1.-1-2 of the Judgment with respect to Defendant 1, and each of the crimes described in subparagraphs (a) through (3), (a) of Article 37, Article 39(1) of the Criminal Act, and Article 39(1) (a) of the Act on the Regulation of Temporary Collection of Specific Economic Crimes (Fraud), Article 1.3-2 (a), and Article 1.3-1-2 (2), 2-4, 5, 6, and 7 of the first head of the Commercial Act with respect to which the judgment becomes final and conclusive.

1. Aggravation of concurrent crimes;

Defendant 1, 2, 3, 4, 5, and 6: The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50 [1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A), (2) (A), (4) (5), 1-b), 1-e (1) through (3), (4) and (5) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A), Article 1-5 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A), Article 1-2 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A), Article 3-1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 1-2 (3) of the Act on the most severe punishment

1. Discretionary mitigation;

Defendant 4: Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act does not want the punishment of a defendant, and considering that a part of the victims does not have any criminal record except the first head's criminal record as indicated in the judgment, and the defendant does not have any criminal record and repents

1. Calculation of days of detention;

Defendant 1: Article 57 of the Criminal Act

1. Suspension of execution;

Defendant 2, 3, 4, 5, 6, and 7: In consideration of the fact that Defendants 2, 3, 4, 5, 6, and 7 did not have any criminal record of having been sentenced to imprisonment without prison labor or any heavier punishment, and Defendant 5, 6, and 7 did not have any criminal record other than the criminal record of the first head of each judgment, and Defendants 2, 3, 5, 6, and 7 have any criminal record of their mistake, and circumstances such as the above grounds for discretionary mitigation are taken into account to Defendant 4)

Judgment on Defendants’ assertion

1. Determination as to Defendant 1’s assertion [related to subparagraph 1-e (4) (b) and (c) of Article 1-2 of the Criminal Act at the time of sale]

Defendant 1, after being detained on March 13, 201 as an offense of violating the Regulation of Unauthorized Receipt of Goods Act, Defendant 1 alleged that he was not liable for the damages arising from [Attachment 15] Nos. 424 through 427, 429, 430 received after he was detained, Defendant 1 was found to have been on March 13, 201 and was released on April 24, 200; Defendant 2 was on the 30th ballot list Nos. 1 to 365; Defendant 2 was on the 36th ballot list No. 1 to 30; Defendant 2 was on the 36th ballot list; Defendant 1 was on the 4th ballot list No. 1 to 365; Defendant 2 was on the 36th ballot list; Defendant 1 was on the 1 to 36th ballot list; Defendant 2 was on the 1 to 36th ballot list No. 1 to 465; Defendant 1 was on the 1 to 36th ballot list No.

2. Determination as to the assertion by Defendant 2, 3, 4, 5, 6, and 7

Defendant 2, 3, 4, 5, 6, and 7 (hereinafter “Defendant 2, etc.”) asserts that they are subordinate executives such as the chief of the office or team leader to attract investments. As such, they are not responsible for attracting investments. Considering the statement of each protocol of examination of the suspect against Defendant 2, etc. prepared by the prosecutor, the witness’s statement of each protocol of examination of the suspect with regard to Defendant 1, etc. bound to the public trial records, testimony of each of the above protocol of examination of the party branch, etc., the Daegu branch of the above company was distributed data to Defendant 2, the head of the site office, etc., who was the head of the investment attraction, and Defendant 2, etc., who was the head of the investment attraction, did not directly engage in the investment attraction activities under the direction of Defendant 1 to the head office or team leader at each of the above headquarters, etc., and the head of the investment attraction at each of the above headquarters and the head of the investment attraction at each of the above offices and the head of the investment attraction at each of the Daegu.

Parts of innocence

1. The judgment on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) Nos. 9 through 12 against the victim non-indicted 11 among the facts charged in this case against the defendant 1 and 4 (the facts charged as permitted to amend the indictment on August 29, 2003 and October 4, 2004)

A. Summary of the facts charged

Defendant 1 and 4 conspired, around February 12, 2001, by acquiring KRW 800,000,000 in total as investment money from Nonindicted 12 for four times in total, as stated in the attached Table 9 through 12, including that IMM Nonindicted 12, the investor’s wife Nonindicted 11, who is the investment titleholder, is deceiving Nonindicted 12, in the consulting Daegu Branch Office, in the same manner as indicated in subparagraph A. (1) of Article 1 of the Criminal Act, which was held at the consulting Daegu Branch Office of Daegu-gu, Daegu-dong, Daegu-gu., 100,000 in total, as stated in subparagraph 9 through 12 of the attached Table of Crimes on the same day.

B. The defendant 1 and 4's legal action and the judgment as to the legal action

Defendant 1 and 4 have a certificate of investment with the purport that Nonindicted Party 11 invested KRW 800,00,000 in total on February 12, 2001. However, this is the fact that Defendant 1 and 4 promised to invest KRW 700,000,000 invested on December 14, 200 (three months of maturity) and KRW 100,000,000 (three months of maturity) invested on January 17, 200, and they did not return the existing certificate of investment on each of the above orders, and they did not have any other evidence of the facts charged as stated in the judgment of the lower court that found Defendant 1 not guilty on the aggregate of KRW 80,00,000,00,00, and there is no other evidence of the facts charged as stated in the above facts charged by the witness in the crime of fraud under the pretext of Nonindicted Party 1 or 12, and thus, Defendant 2 did not have any other evidence of the above facts charged.

2. The judgment on the part of the charges of this case against Defendant 2 on the part of the part of the fraud against the victim Nonindicted 13 and Nonindicted 1 among the charges of this case (the charges permitted to amend the indictment on August 29, 2003 in the case No. 503)

A. Summary of the facts charged

Defendant 2, in collusion with Defendant 1 on December 13, 1999, by deceiving Nonindicted 13 of the victim in the same manner as stated in Section 1. A. 2 (a) of the Criminal facts in the office of the Daegu Dokdong-dong Daegu Dokdong-gu Office of the Daegu Dokdong-dong Office, and received KRW 15,00,000 from Nonindicted 13 as investment money, from that time until December 12, 2000, from that time, he received KRW 3 through 7,20,21,23,23,82, and83 on a total of 10 times from Nonindicted 13 and Nonindicted 11 as investment money, respectively.

B. The defendant 2's legal action and the judgment as to the legal action

Defendant 2 is the custody of investment funds as indicated in this part of the facts charged because there is no fact that the head of the headquarters, the head of the headquarters, or the head of the headquarters belonging to the headquarters, or the head of the team under its control. Thus, there is no evidence to recognize that the defendant 2, the defendant 2, or the investment solicitors under its control participated in the attraction of investment funds as listed in the attached Table 20, 21, 23, 82, and 83, and there is no evidence to prove that the defendant 2 was involved in the crime of embezzlement (the defendant 2, the defendant 2, the defendant 2, the defendant 2, and the defendant 2, the defendant 2, the defendant 3, and the defendant 2, the defendant 2, and the defendant 2, the defendant 3, who was not guilty of the facts charged, since the defendant 2, the defendant 2, who was not guilty of the defendant 2, the defendant 3, and the defendant 2, the defendant 2, the defendant 2, the main office of the defendant 2, and the defendant 2, the defendant 3, the defendant.

3. Of the facts charged in the instant case against Defendant 2, the judgment on the fraud part against Defendant 2 (the facts charged in the instant case No. 2002 Godan9709 prior to the transfer to a collegiate panel of the case No. 2003 Gohap503) against Defendant 2

A. Summary of the facts charged

Defendant 2 in collusion with the head of Daegu Branch, Nonindicted 20, Defendant 1, and Nonindicted 21:

On September 18, 1999, at the Daegu Branch Office of Korea Venture Capital, Non-Indicted 2, in the same manner as indicated in Section 1. A. (1) of the criminal facts as indicated in the judgment of the court below, deceiving the victim Non-Indicted 2 in the same manner as indicated in Section 1. (1) of the criminal facts as indicated in the judgment of the court below, and from February 3, 2000 to February 3, 200, he acquired the victim Non-Indicted 2 from Non-Indicted 2 in the same way the sum of KRW 458,489,60 as investment money by the same method as indicated in Section 7 of the crime list.

B. The defendant 2's legal action and the judgment as to the legal action

Defendant 2, who is the head of the headquarters, has no record of being involved in attracting investment from the victim non-indicted 2 as stated in this part of the facts charged. Thus, there is no evidence to acknowledge that Defendant 2, the head of the headquarters, directly attracting investment against Non-indicted 2, or through the lower class of the headquarters of the first headquarters, and the victim non-indicted 2, in full view of the statement of each protocol of suspect examination on the defendant 1 and 2 prepared by the prosecutor, investigation report (material submission) bound by the investigation records, etc., can be acknowledged that the victim non-indicted 2 invested in the said company after being recommended by the head of the non-indicted 72 office who was attracting investment from the head of the headquarters of the headquarters of the non-indicted 21 and made investments in the said company. Thus, this part of the facts charged constitutes a case where there is no proof

4. Of the facts charged in the instant case against Defendant 4 (the facts charged with the permission to amend the indictment on August 29, 2003 in the instant case (the case No. 2003Dahap503), the judgment on each of the frauds against the victim Nonindicted 3, Nonindicted 4, Nonindicted 5, Nonindicted 6, Nonindicted 7, Nonindicted 7, Nonindicted 8, Nonindicted 9, and Nonindicted 10 and part of the frauds against the victim, Nonindicted 1, Nonindicted 51, Nonindicted 73, Nonindicted 74, Nonindicted 75, and Nonindicted 76

A. Summary of the facts charged

Defendant 4, in collusion with Defendant 1 on February 25, 200, by inducing the victim Nonindicted Party 1 in the manner as indicated in Section 1. A. (2)(a) of the Criminal Act at the Daegu Branch Office of Korea Venture Capital as indicated in the above case, and received KRW 40,00,000 from Nonindicted Party 1, from that time until January 15, 2001, Defendant 4 received KRW 465,000,000 in total as investment money from the victims, from January 15, 2001, from that time until January 15, 2001.

B. The defendant 4's legal action and the judgment as to the legal action

Defendant 4) List 1 to 13, 15 through 18, Nonindicted 21 head of Nonindicted 4, Nonindicted 5, Nonindicted 7, Nonindicted 4, Nonindicted 7, Nonindicted 4, Nonindicted 5, Nonindicted 7, Nonindicted 4, Nonindicted 7, Nonindicted 7, Nonindicted 4, Nonindicted 6, and Nonindicted 7, Nonindicted 4, Nonindicted 7, Nonindicted 5, Nonindicted 6, and Nonindicted 7, Nonindicted 4, Nonindicted 7, Nonindicted 5, Nonindicted 7, Nonindicted 4, Nonindicted 6, Nonindicted 7, Nonindicted 7, Nonindicted 5, Nonindicted 7, Nonindicted 4, and Nonindicted 5, Nonindicted 6, Nonindicted 4, Nonindicted 7, Nonindicted 6, Nonindicted 7, and Nonindicted 5, Nonindicted 7, Nonindicted 7, Nonindicted 6, Nonindicted 7, Nonindicted 7, Nonindicted 5, and Nonindicted 5, Nonindicted 4, Nonindicted 7, Nonindicted 7, and Nonindicted 5, Nonindicted 5, and Nonindicted 5, Nonindicted 200.

It is so decided as per Disposition for the above reasons.

[Attachment Form 5]

Judges Jini Jini Jini (Presiding Judge)