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(영문) 광주지방법원 2018.02.21 2017고단5896

사기등

Text

[Defendant A] The punishment of Defendant A is six months of imprisonment with prison labor for the crime of each subparagraph of Article 1 and Article 2-A of the Judgment.

Reasons

Punishment of the crime

Defendant

A is the head of H in the 12th G in Gwangju Northern-gu (hereinafter referred to as “H”), and I is the actual operator of H, and Defendant B is the representative of the said H as the son of the I.

I, around March 2015, established H, an enterprise that engages in FX M-related transactions with Defendant A, etc., and then, may pay to an unspecified number of investors a stable profit through FX M-related transactions, with the principal and monthly fixed profit (7~10 per month).

The decision to invite investment money by stating “A” is to take charge of various administrative and budgetary affairs, such as investor response, consultation, issuance of written agreements, receipt of investment funds, management of passbooks, payment of dividends, and transfer of foreign exchange, and Defendant A shared the role of: (a) the actual operator of H, who, as the actual operator of H, would engage in FX-related transactions through the investor consultation and passive program; and (b) the Defendant B, as the actual operator of H, shared the role of providing an account that can pay dividends and keep the investment funds received from investors and pay dividends.

1. Joint crimes between the Defendants and I

(a) No person who violates the Financial Investment Services and Capital Markets Act shall engage in financial investment business without obtaining authorization for a financial investment business from a financial member's meeting;

However, the Defendants conspired with I to collect money from many unspecified people to invest in the FX ME trading in collusion with I.

According to the above public offering, at the H office of 303 of the J building in Gwangju-dong, Gwangju-gu, Gwangju, on June 17, 2015, the Defendants paid 10% interest per month from the date of deposit of money, and the principal would be paid at any time if they demand payment 15 days prior to the date of payment.