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(영문) 서울중앙지방법원 2018.03.28 2017고합959

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the head of the marketing headquarters of Jongno-gu Seoul Metropolitan Government Co., Ltd. (hereinafter “C”), was in charge of attracting investment or external business affairs, and D took overall charge of the management of investment funds, etc. as the representative director of C, and E, as a general director of Jongno-gu, took overall charge of the approval of advance payment and the operation of the office.

A. On August 2009, fraud D and E paid sales proceeds after deducting service fees to a seller when electronic commerce was conducted on an online market. If sales proceeds are paid from a purchaser to an open market, a credit service provider established and operated a company F (hereinafter “F”) in order to engage in a loan business that takes a profit equivalent to the service fees by receiving sales proceeds from an open market; however, the credit service provider offered excessive custody fees to the employee responsible for attracting investment and distributes excessive investment proceeds to some investors, because it is almost little of actual business profits, and thus, the investment proceeds received from new investors would incur loss of approximately KRW 700,000,000.

D and E, May 17, 2010, the existing F, which is a method of operating as data for veterinary purposes, has difficulty in soliciting new investors.

Based on the judgment of the court, the online market and electronic data are linked to each other, and the above D establishes C- , which is responsible for the management of investment funds, etc., and the above E- , takes charge of the prior settlement approval and the operation of the office, and the defendant recruited investors to receive 10% of the investment funds as investment attraction dividend.

Accordingly, on June 15, 2010, the Defendant is a company that provides a prior settlement service for the sales proceeds of the seller in the Internet open market at the home of the victim H located in Seocho-gu, Seoul Metropolitan City, and the victim H.

C Open Market.