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(영문) 서울중앙지방법원 2014.10.17 2014노2131

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Fact-finding of the gist of the grounds for appeal (the defendant is merely an employee, and did not commit each of the crimes in this case with F, G, etc.) and unfair sentencing in collusion with each of the crimes in this case. The defendant may not be recognized as a competitive relationship with regard to the crimes committed in the Republic of Korea after departure from the Republic of Korea around May 9, 200.

2. The judgment of this Court

A. Regarding the assertion of mistake of facts, the evidence duly adopted and examined at the court below and the following circumstances acknowledged by N’s testimony by the witness of the party witness witness: ① The Defendant: (a) was established around July 22, 1999 by making the Defendant’s wife AE, G, and AG as promoters; and (b) the Defendant’s wife AE was registered as director on the same day.

As a management director of the company, he/she comprehensively manages the money received as investment funds and attended an investment presentation meeting to explain the place of use of the investment funds, and ② The Defendant was involved in the participation in the decision-making on the overall management, such as F, representative director, G (Detention from March 9, 200 to July 3, 200), and AG, a planning director, at the executive conference of E, and participated in the decision-making on the overall management. ③ The Defendant who manages the investment funds as described in the facts charged, is operated by the method of paying the principal and interest on the ordinary expenses and investment of the above company with the money invested by the investors since he/she did not have any profit-making business and there is no fund to operate the business, and the amount exceeding the amount of the investment made by the members of the company every month should be paid with the principal and profit repayment, allowances, etc. Thus, even if he/she received the money under the name of the investors, he/she cannot pay dividends or repay the principal within the agreed period.