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(영문) 부산지방법원 동부지원 2015.04.29 2013고단3220

사기등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

1. In fact, Defendant B is a person who actually operates I Co., Ltd., Ltd. (hereinafter “I”), and Defendant A is a person who, on May 12, 201, was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Fraud and Unauthorized Collection at the Ulsan District Court on May 12, 201, and completed the execution of the sentence in the Ulsan Detention Center on June 23, 2011, and is a person who, on June 23, 2011, operates the J (hereinafter “J”) as a general holder of I and a company that is a regional investment broker in Busan.

2. Criminal facts;

A. From February 2012, the Defendants: (a) conspiredd with the I Office to “as if I had a gift certificate plate manufactured and sold by I, as I had a good profitability, would guarantee the principal and high-profit profit; and (b) obtained the investment by deceiving investors; and (c) Defendant B provided investment explanation data, etc.; and (d) Defendant A provided the role of soliciting investors in Busan area.

Accordingly, on February 22, 2012, Defendant A established J on the 1st Busan, Busan, the Busan, and entered into a total sales and entrustment contract with I and J on May 3, 2012, stating that “The J shall have the exclusive sales right for the I merchandise coupon, but deliver KRW 2 billion for I by June 30, 2012.”

B. The Defendants in fraud (the Defendants) concluded the aforementioned public offering that “The victim G through the above L is highly likely to conduct business, such as entering into a contract to install a merchandise coupon in the Gangwon Islands, and thus, he/she may impose a larger amount of money from the sales and operating profit of the merchandise coupon in the future,” and “the principal when investing in the J shall be repaid by November 30, 2012 and shall be paid daily dividends from September 2012, 2012,” and the Defendant’s post office via L directly or via L.