사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment of 13 years, Defendant B and D shall be sentenced to 7 years, and Defendant C and E, respectively.
(b) A actually operated as a representative;
Until February 2015, the Z Co., Ltd. (hereinafter referred to as the “Z”) has used a contract (system-use contract) in which the phrase to guarantee the principal of the investment is entered in receiving the investment from investors.
Since March 11, 2015, V entered into a fixed contract with investors when receiving investment funds, instead of including a phrase that guarantees the principal of the investment, and instead, entered into an agreement on guaranteeing the principal of the investment through “a side agreement” including the following:
In addition to the general matters of the contract under Article 24 (Special Provisions), the following matters shall be prescribed by the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall be applied preferentially:
In addition, this contract is a civil or criminal contract if the content is leaked to a third party, and this contract becomes null and void at the time of outflow, and is reversed immediately.
*V has a duty to maintain the balance of the investor’s account at all times during the contract period to exceed the contract amount under Article 20, and if so, there is a liability to compensate for the difference.
② As above, Defendant B’s format of the back contract was made with Defendant D with the permission of Defendant A, and was in charge of soliciting investment money.
IFC Investment Management is the weak of FFC Consulant.
The company approved the company, between March 11, 2015 and April 21, 2015, entered into a contract with investors using the above side agreement.
③ Defendant B, upon Defendant A’s permission, made the above side agreement form with Defendant D, and gave back the back contract form to the IFC so that IFC can enter into a side agreement with investors.
The act of the defendant B is the role of the above defendant or the control over the progress of the crime.