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(영문) 서울중앙지방법원 2018.12.21 2018고합489

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

However, the defendant A is subject to objection.

Reasons

Punishment of the crime

Defendant

B is an actual operator of the company-level D (hereinafter referred to as the "D") established for the purpose of manufacturing and selling clothing in Gwangjin-gu Seoul Special Metropolitan City, a person in charge of the business affairs of the company, such as business and the invitation of investment money, and the defendant A is a business director and a manager of D, who is in charge of the business affairs of raising investment money.

The Defendants, even if soliciting D’s investment money, did not have the ability to guarantee the agreed profits or principal to investors. As such, Defendant A and other business directors of D conspired to procure and acquire the investment money by means of preparing “a certificate of borrowing” to the effect that, on the condition that Defendant A and other business directors receive KRW 7 million per month from many unspecified persons on the condition that they receive KRW 100 million per month of the investment money, Defendant B are attracting investment money, and Defendant B will guarantee investors the principal and the agreed profits under their names.

According to the above public offering, Defendant A, from the F company located in Dong-si in Chungcheongnam-si around March 25, 2016, will be listed in the KOSDAQ because “D manufactures a brand fashion and sells online home shopping even after its establishment in 2007.”

D If an investment is made in D, the amount of KRW 300,000 per month will be paid to KRW 100,000 per month.

The principal made a false statement to the effect that the principal is "I will make the principal immediately after two months if it is deemed necessary."

However, in fact, even if the Defendants received the investment from the injured party, there was no investment source capable of finally paying the agreed proceeds under the above interest name. Of the investment funds, the amount invested for profit-making business was not more than the amount of the investment received. Moreover, there was no net profit from the profit-making business, and there was no profit from the profit-making business, and there was a method to prevent the return of the profits and the dividend paid to the existing investors, which was paid to the investors, from which the profits and the dividend paid to the existing investors are paid out of the profits from the senior investors.