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(영문) 서울중앙지방법원 2015.10.02 2015고단2304

사기방조등

Text

Defendant

A Imprisonment with prison labor of two years and fine of 100 million won, and Defendant B shall be punished by imprisonment with prison labor of 12 years.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant B’s “N” (O, hereinafter “N”) received funds from many unspecified persons through fund-raising sources, etc. consisting of braille structure, by which N is a financial institution specializing in FXM trading, which is a kind of futures trading of foreign exchange derivatives, and by which N is admitted to membership after paying investment funds to N, a fixed amount of 3 to 8% per month and the principal may be guaranteed. Defendant B received funds by publicizing that investment funds, recommendation allowances, and dividends to be paid in the future can be verified through the personal account established on the above Internet website.

However, N does not know the location of the office, the current status of operation, the overseas remittance of the investment funds delivered to the fund raisers, the actual user, and the source of dividends delivered to the investors, and it does not have the FDM status necessary for the FXM transaction, and there is no branch in Korea.

On the basis of this point, the Defendant and the Defendant’s name-free fund raiser explained that they would be able to guarantee the principal and high-profit profit if they make an investment in the NN, while making an investment in the N, at the highest level investors at the Republic of Korea delegated by the N head Office in a foreign country against many and unspecified persons, and then, the Defendant and the Defendant posted the investment money to the personal account of the said Internet website as if the investment money was deposited in a normal manner, and then, did not immediately transfer the full amount of the investment money to a foreign country, in order to acquire the money and distribute the profit by fraud by means of supporting the domestic investor’s recommendation recommendation, the senior investor’s dividend

The Defendant and the Defendant’s name-free financing sources are “N is a specialized securities company that has a branch office in Hong Kong, Taiwan, and Singapore, and is a subsidiary of Qu, a subsidiary of the Thailand P Group.”

N is the investment funds of its members.