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(영문) 부산지방법원 2016.10.20 2016고단3591

사기등

Text

Defendants shall be punished by imprisonment for two years.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was the representative director who operated G in Seocho-gu Seoul Metropolitan Government F building 2005 and supervised the business affairs of the company, and Defendant B was the general director of the company from September 2015 to November 201, 2015 and was in charge of the introduction and management of the allowance system, etc. as the general director of the company from September 2015 to the public relations business for investors.

Defendant

B If the above company makes an investment of 1.3 million won per day in the 1st unit of coffee franchise business, a certain amount of money shall be paid to the above company (i.e., 1,300,000 won per day, 30,000 won per 1,000 won per 1,000 won for the recruitment of investors, and 50,000 won for the 2nd unit of the total turnover of investors recruited (i.e., 10,000 won), and 10% of the total turnover of investors recruited as an allowance (i.e., activity allowance). All allowances are guaranteed up to 200% of the principal of the investment. All allowances are guaranteed to the class. It proposes to introduce an investment method with the content that “The amount of the investment may be realized by investing in the coffee franchise business, and the defendant A and the members of the branch office or the employees of the company provided the above investment method.”

Defendant B, upon Defendant A’s instruction and decision, recruited investors, and Defendant A conspiredd to raise funds from an unspecified number of investors by executing investment funds procured from the company.

1. On September 9, 2015, Defendant A prepared an investment explanatory note, etc. containing the business contents of the said company, and educate and manage it to the head of the branch office, business employees, etc., and Defendant B, through the business employees, presented the said company’s investment explanatory note, etc. at the above company office to the victim H, and tried to import coffee from Vietnam to franchise business.

In order to raise business funds, investors are recruited, and if they are invested in 1,300,000 won per unit, each day.