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(영문) 서울중앙지방법원 2016.07.07 2016고단2884

사기

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

[Status of Defendants] D served as the representative director of “agricultural partnership E” established for the purpose of agricultural product processing packing business on January 7, 2014, and from July 2014, D has been attracting investment in the name of promoting the online game site operation business, etc. other than the above E’s purpose of establishment, and has been managing the entire investment business, such as deposit and withdrawal of investment money.

Defendant

A worked as a director of the above E-affiliated Center of the F Building 510 in Gwanak-gu in Seoul Special Metropolitan City, and was in charge of investment explanation for the above online game site operation business.

Defendant

B takes charge of the sales status of the above E and all documents management, and deposit of investment funds with the above E account under the name of the above E, while the head of the above Gwanak-gu Center was in charge of the affairs such as explaining investment to the customers of Seoul House and attracting investment funds from the customers.

Defendant

C as the head of the above EJ center, was in charge of the duty to explain the above investment to the customers of the Gangnam branch court and to attract the investment funds from the customers.

[Specific Crime]

1. The Defendants and D’s public offering fraud in collusion with D, and the facts are that E did not have the intent or ability to conduct online game site operation business, and when attracting investment money, it is bound to repeat the term “refiscing the return of the investment principal to the preceding investors” by means of the funds. Accordingly, despite the lack of the intent or ability to repay the investment principal to the investors, Defendant A, who visited the place at the “H” office located in Gangseo-si G around January 2015 at Defendant C’s request by Defendant C, such as the victim I, shall be 100,000 won each day except for a legal holiday, if the Defendant A, who visited the place at the “H office” office located in Gangnam-si, Chungcheongnam-si, and around 10 investors, including the victim I, made an investment of KRW 600,000 won per annum in the online game site operation business in E.