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(영문) 서울중앙지방법원 2018.10.04 2018고단3183

사기등

Text

Defendant

A Imprisonment for a year and six months, Defendant B, and C shall be punished by a fine of KRW 10 million, respectively.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

Defendant

A shall be E Co., Ltd. (hereinafter referred to as the "E") with the purpose of consulting, etc. on financial products on Gangnam-gu Seoul Metropolitan Government's Do and 7 floors.

The representative director, Defendant B, and C are employees in charge of foreign exchange trading in the above E.

No one shall run a financial investment business (collective investment business) without obtaining authorization therefor.

Defendant

A, upon receiving investment money from investors and making profits through the F Trading, a foreign exchange futures trading, Defendant B, C, who will engage in a financial investment business (collective investment business) by paying such money to investors, and who will take charge of the F Trading practice, and Defendant B, C, together with Defendant A, was willing to engage in a financial investment business (collective investment business).

1. Defendant A’s sole crime - In the above E office around September 2016, the defrauded Defendant entered H, the husband of the victim G, into the managing director, “B and C, the foreign exchange trading expert with more than 10 years of F Trading experience, and establishing a juristic person in the Republic of Korea with the total amount of KRW 300 million capital. Of them, KRW 100 million was deposited under the name of the deposit for the receipt of sales contract fees in the account under the name of Hongpe juristic person for the benefit of commission, and the remainder of KRW 200 million was used as a monthly salary, rent, etc., into the domestic juristic person’s account, and thus, the investor’s investment is not covered at all.

80% of the corporate capital is foreign exchange transactions using 80% of the corporate capital, and if 20% of the corporate capital occurs in the process, the investment contract is terminated, so 80% of the customer's capital is not entirely damaged.

In addition, the total amount of one investment is used only for foreign exchange investments of Hong Congo corporations, and if F is made in the foreign exchange account, it can secure a stable revenue of the equivalent 6% of the trading commission, and if such B and C directly engage in trading, it is about 4% of the revenue of the party at least 10%.