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(영문) 서울남부지방법원 2016.05.11 2016고단730

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for two months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

E (E; hereinafter referred to as “E”) is a company referred to as a financial institution specializing in FX M& trading, which is a kind of futures trading of foreign exchange derivatives, for many and unspecified persons through the source of fund-raising in the form of a braille, and upon joining E as a member after paying investment money, it is possible to guarantee a fixed amount of 3 to 8% per month and the principal amount, and to verify the details of investment money, recommended and recommended allowances, and dividends to be paid in the future through the personal account established on the above Internet website.

The fund was received in a way of publicity.

However, E does not inform 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 investors, etc., and does not have FDM status for FX M (prox DEIship, international exchange) for FX M, and Korea does not have branch offices.

On May 2, 2015, in collusion with F, G, etc., the Defendants were willing to invite investment to many and unspecified persons. On May 2, 2015, Defendant A received solicitation fees from the Defendant, and Defendant A was employed by the victim H in the mutual influent house near the 2, Songpa-gu Seoul Songpacheon-gu Seoul Metropolitan Office, “E employed in the financial company, E was authorized to engage in FDM to a specialized securities company specializing in the transaction of Hong, Sgo, Taiwan, and the FX-M branch in Singapore, and the subsidiaries of Thai Group I Group J affiliated with the Thai Group are going to create high profits by trading of FX-M with investments from its members. E will receive 60 million won of the monthly dividend and guarantee the principal of the investment.

“The phrase “ was false.”

However, fact is an organization in which its substance and method of fund management are unclear, and it is illegal to directly transfer money to E head office even if it receives investment money, and it does not transfer money actually received to a foreign country. Therefore, E-Money owned by domestic investors.