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(영문) 서울중앙지방법원 2017.08.10 2016고단7432

사기등

Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B's imprisonment for eight months, and for a year, for a defendant C, respectively.

(b).

Reasons

Punishment of the crime

[2] Defendant A and B: (a) around September 2015, around 2015, (b) guaranteed the principal of the investment fund under the pretext of securing the profit-making by attracting I et al. from the head office in Gangnam-gu Seoul Metropolitan Government, the head office of H, and (c) conspired to receive money from investors as investment funds, and to engage in a similar receiving business in sequential order, by exercising as if they were to distribute the profit-making of the principal to investors; (b) Defendant A and B, upon receiving the instructions from the actual manager, shall perform the overall business instruction of the company, the management of the center, etc.; and (c) Defendant B, despite being aware of the aforementioned circumstances, shall perform the role of explaining the investment and soliciting the investment fund against the investors in Daegu-gu, who are in charge of the head office in the Daegu-gu area of H, Inc.

1. On September 2015, Defendant B may make up for 260,000 won per week against the Victim L in K department stores 505 in Daegu-gu, Daegu-gu (J) around 2015, “If 130,000 won is invested in one code, 1.30,000 won per week, 2.60,000 won per week, and the code may make up for 13 weeks’ profit.

H If an investment is made by a company that raises an artist, it may increase the profit of higher than the principal.

When joining 10 or more codes, 10% of the subscription fees for each class of members shall be paid as 10 code until October 10, 2015, 100 code, 100 money in 100 code, and 100 money in 100 code, and when recommending other members, 10% of the subscription fees for each class of members shall be recommended whenever recommending other members.

“A false statement” was made.

However, H was a company which originally made cosmetics on the pretext of exporting them to China, and it was not possible to pay benefits to investment funds at all because it was a old company that did not sell cosmetics or enter into a contract with an artist, etc., and thus, it could not be paid more than the principal amount. In addition, H’s priority is given to the investment funds of the next priority investors.