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(영문) 대전지방법원 천안지원 2012.01.19 2010고단852

사기 등

Text

Defendant

A and B Imprisonment with prison labor for three years, each of them shall be punished by imprisonment for two years.

The request of the applicant for compensation.

Reasons

Punishment of the crime

[2010 Highest 852] Defendants established J (hereinafter “J”), K (hereinafter “K”), and L Co., Ltd. (hereinafter “L”) first established J (hereinafter “J”), which was established for the purpose of the lending of fuel reduction and the flexibleing business. Around March 2008, the Defendants decided to implement projects jointly with C, etc. and established K.

After that, the trade name of the company was changed to L when acquiring Q around February 2009.

is a substantial joint representative of the Commission.

The Defendants received explanations from M, etc. about fuel reduction devices and genetic technology, and passed a resolution to promote the project together by using them, and the funds required for the project were to be invested by an unspecified number of people.

Defendant

A performs external activities as the representative of the company, and manages the overall details of the fund, and Defendant B shared the role of inducing investment by establishing a business plan and explaining technology and investment returns, etc. to investors.

1. Around August 2008, the Defendants are the victim P, who was induced through the O, a solicitation book, in the office of the company located in Seo-gu N in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, 2008, for the purpose of “a company that produces and lends fuel reduction equipment, an innovative patent product that can reduce fuel 40% by our company. When investing in our company, it would guarantee the principal and pay the profits of 3-5% per month.”

After that, the Defendants extended the business progress to the flexible industry, and present the business plan and profit distribution schedule, etc. to the victims, and include the facts charged as presented around August 2008. However, according to the witness P's witness P's legal statement, etc., the Defendants seems to be presented at the time of soliciting investment in the flexible project.

This part is related to the circumstances of crimes, and the identity of the facts charged is not undermined.