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(영문) 부산지방법원 2017.01.26 2016고단3221

사기등

Text

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

All of the prosecutions against A are dismissed.

Reasons

Defendant A is a person who is the representative director of (State) F with the head office in Chuncheon City E, and Defendant B is a person who has the head office of (State) F.

Defendants: (a) as the representative director of the above company, Defendant A provided explanation of investment to investors; and (b) Defendant B provided a joint recruitment with Defendant A to receive money from investors.

1. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in any similar receiving business of which the said person agrees to pay an amount of investment in the future or an amount exceeding the said amount to many and unspecified persons without obtaining authorization, permission, or making a registration or report, etc. under the said Acts

Nevertheless, the Defendants, on August 1, 2010, received from G for free from G, and agreed to explain the investment as if they could obtain a large amount of profit if they invest in the situation mushroom products, and thereby, to attract investment funds from many investors. As such, around October 7, 2012, the Defendants are running a business to develop drinking water using a state mushroom in “(State)” at the (State) F Office located in Gangnam-gu Seoul Metropolitan Government (H). From around October 30, 2012, the Defendants were to supply drinking water to the closing party.

If the investment is made, the principal is guaranteed, and the investment is made in the company, and if the company invests KRW 500,000 per investment unit, the company would pay KRW 500,000,000 per share for three months (12 weeks). The company received KRW 10,000 from I around October 8, 2012 and received KRW 10,000 from I in the same manner from around that time to November 21, 2012, and then imported KRW 10,000 from investors for a total of 10 times as shown in the list of crimes in the attached Form.

2. The Defendants, as in the preceding paragraph, develop and supply the situation mushrooms.