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(영문) 대구지방법원 김천지원 2017.12.12 2017고합77

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Criminal facts

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) together with C, D, and E, operated “F” as an illegal similar recipient company.

In the above club, D provides an office and holds a business explanation meeting, and C took charge of the affairs of preparing an investment agreement and paying dividends. The Defendant was in charge of investment affairs, such as foreign exchange and stocks, and E was in charge of the affairs of dealing with investors by opening an account and receiving remittance of investment funds.

In fact, “F” is a private business entity that started without capital, and in the external appearance, it claimed a business to create profits through exchange rate marginal profits by directly trading foreign exchange. However, since there was no professional fund manager and it was not possible to predict changes in exchange rate, and thus, the success of investment was not clear. Thus, even if investment is made by investors, it is difficult to raise profits within a short period, and there was no financial basis for repayment of principal and interest, and it was inevitable to operate the business in the so-called “the so-called “the return prohibition” method to pay dividends to existing investors by using the investment funds received from priority investors, and as long as a new investor is not induced, there was no intention or ability to pay profits normally to investors, such as the possibility of not paying high-rate profits agreed upon to by investors.

Nevertheless, the defendant, in collusion with the above C and D, intended to receive money from many unspecified people as investment money by pretending to create enormous profits in foreign exchange transactions.

The defendant in collusion with the above C and D, and habitually from January 7, 2008 to October 31, 2008, H office, etc. located in Gumisi G from January 7, 2008 to October 31, 2008, the defendant invested in the foreign futures X transaction and paid profits to the investors.

15 per cent of the monthly investments.