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(영문) 부산지방법원 2013.05.22 2012고단10298

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person who worked as the head of F's Busan branch office of a stock company F, which is a similar receiver in the seventh floor of Seo-gu Daejeon, Daejeon, from October 201 to December 15, 201, and Defendant B is a person who worked as the head of the original branch office of the company from September 7, 201 to November 201, and G is the representative director of the said company.

G around October 201, after establishing a company for the purpose of fund-raising under the name of F Co., Ltd., Ltd., the G, as a matter of principle, advertised the production of merchandise coupon vending machines which can only be purchased in cash, and ordered the Defendants to invite investors by selling discounted merchandise coupons to many and unspecified persons, while advertising that they manufactured merchandise coupon vending machines which can be settled by credit cards.

The Defendants, at the time, did not operate a business using gift certificates vending machines produced by the company by F at the time. Moreover, even if the business was operated by G in accordance with the explained method, the Defendants knew of the fact that it could not pay high-rate interest and principal in accordance with the investment agreement even if they were to receive investment funds from investors, and conspired to invite investors in the so-called multi-level multi-level manner, after being well aware of the fact that the said G could not pay high-rate interest and principal according to the investment agreement.

1. Defendant A

A. On October 5, 2011, the Defendant: (a) provided a business explanation to the investors who have sought the office from the Busan Branch Office of F Co., Ltd. 201, F, Busan, Busan, by means of the investors directly recruited by the Defendant; and (b) installed a machine that can purchase gift certificates such as home flus and new global department stores by credit cards in the department store, etc.; and (c) sold gift certificates to many and unspecified persons and paid the profits therefrom as dividends.

3.50,000 won shall be paid to each unit of Gu.