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(영문) 서울중앙지방법원 2017.08.03 2017고합131

특정경제범죄가중처벌등에관한법률위반(사기)등

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1. Defendant A’s imprisonment for six years, Defendant B’s imprisonment for three years and six months, Defendant C’s imprisonment for four years, and Defendant D.

Reasons

Punishment of the crime

[criminal record] On November 29, 2016, Defendant A was sentenced to a suspended sentence of ten months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on June 23, 2017.

Defendant

C On January 28, 2016, the same court rendered a sentence of imprisonment for eight months and completed the enforcement on May 4, 2016, by “a crime of violation of the Act on the Regulation of Similar Receiving Acts (hereinafter “The Act”), etc.

[2] From June 2016, Defendant A, the representative of J Co., Ltd. (hereinafter “J”), a similar recipient company, was in charge of the management of funds, decision-making, and other business affairs of the said company. Defendant B, the management director of the said company, Defendant C, and Defendant D, as an advisor of the said company, led each business team to the business team, and conducted business activities, such as employees training, and investor recruitment. Defendant J is a corporation established for the purpose of real estate leasing business.

Defendant

A, B, C, and D will guarantee 10% high profit per month for a short period of not more than three months to pay profits through stock investment, corporate mergers, etc. when investing in J against many unspecified investors.

The purpose of this paper is to acquire the investment money through fraud.

Accordingly, the Defendants established the main office in the K Building 3501 and 3502 in Yeongdeungpo-gu Seoul Metropolitan Government, the main office in the J Building 803 in the same Gu, and the 12th floor in the same Gu M buildings, Busan, Gwangju, and the Incheon, and recruited investors.

1. Joint crimes committed by Defendant A, B, C, and D;

(a) No person who violates the Similar Receipt Act shall engage in a business of raising funds from many and unspecified persons without obtaining authorization or permission, making registration or report, etc. under other Acts and subordinate statutes, and agreed to pay the total principal or an amount in excess thereof in the future, and receive money under the pretext of deposits, installment savings, deposits, etc.;

Nevertheless, the Defendants conspired to give the above authorization and permission.