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(영문) 서울중앙지방법원 2016.09.02 2015고단7586

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2016, Defendant B was indicted for the crime related to “E” under Paragraph (1) of the judgment below, which was committed by the Seoul Central District Court in violation of the Act on the Regulation of Fraud and Conducting Fund-Raising Business without Permission.

On August 2016, the above judgment became final and conclusive on August 20, 2016 after being sentenced to one year and six months of imprisonment.

【Criminal Facts】

1. On February 7, 2014, Defendant A’s violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Goods (2015 Godan7586), along with F, G, H, B, etc., the Defendant established the EE, a similar receiver at the (ju) J Office located in Dongjak-gu Seoul Metropolitan Government I.

Since then, the defendant, together with F, in the Seoul Special Metropolitan City K building and the (ju) E Office, which is a similar recipient company in 605, the defendant has overall control over the operation, supervision, etc. of the organization as the actual chairperson of the above company, and B, as the defendant's live-in living together, takes charge of the defendant's support and design of the above company and business explanation, etc. for the above company's marketing, instructors and investors, and F, as the representative director, manages G as the representative director, and designs the dividend to be paid to members, team leader,

In fact, although the Defendant mainly operated the method of paying dividends to senior union members with the investment funds of junior union members according to their class, the Defendant offered a public offering to invite investors by explaining that “after receiving an investment from a foreign country from a member, he will operate a long-term franchise restaurant and pay dividends with operating profits.”

No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission or Registration under other Acts and subordinate statutes shall make an agreement to pay the total amount of contributions or an amount in excess thereof to an unspecified number of persons in the future without obtaining such approval or permission or making such registration or report.

Nevertheless, it is not possible.