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(영문) 서울동부지방법원 2017.11.20 2017고단563

사기등

Text

The defendant is not guilty. The defendant shall dismiss all applications for compensation order.

Reasons

Indictment

1. The Defendant is the head of a branch office of the E-building in Yeongdeungpo-gu Seoul Metropolitan Government, the 15th floor of the E-building.

On September 4, 2014, through G, the team leader at the above branch office, the Defendant stated to the effect that “I raise a large amount of overseas business, such as the FX M&A business, which is the representative of this I, and if the business exceeds KRW 10 million, 2% of the monthly investment amount shall be paid as dividend and the principal shall be returned after one year.”

However, in fact, I does not have assets or profit-making enterprises to pay high-rate earnings to victims, and there is little possibility of success, and if I did not receive the principal and interest from investors for a short-term period of time after it was established in the K-X M&A and established the K-X M&A in around March 2008, and established a foreign corporation from around September 201 to conduct overseas business, such as the F-X M&M trading brokerage, etc., and there was no business revenue deposited in the domestic account from September 2, 2016 to September 2, 2016, there was no asset or profit-making business entity to pay high-rate earnings, and if it was impossible to realize considerable profits within a short-term period of time due to lack of possibility of success, it was used to lend a total amount of KRW 48.4.3 billion to investors or to receive the principal and interest from investors, and even if it was used to pay a total amount of KRW 2,56.20 million to investors for investment and investment trading purposes, it did not receive funds from the victims.