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(영문) 서울동부지방법원 2015.12.09 2015고합191

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Criminal facts

The Defendant is the actual representative director of the E Co., Ltd. (hereinafter referred to as “D”) and the E Co., Ltd. (hereinafter referred to as “E”), F is the representative director of G Co., Ltd. (hereinafter referred to as “G”), H is the representative director of H Co., Ltd. I (hereinafter referred to as “I”), J and K are the business directors and advisers of D and E, L, M and N are the business directors of D, respectively. P is the management director in charge of D and E’s funds, P is the auditor of D and E, and Q is the business directors of D and E.

1. No person who violates the Door-to-Door Sales, etc. Act shall trade money without trading goods, etc., using a multi-level marketing organization or any similar multi-level marketing organization comprised of persons who have joined the organization by phase;

A. Nevertheless, the Defendant, as well as directors or auditors J, K, L, M, N,O, P, Q, headquarters R, S, T, U, V, W, X, Y, Z, AA, and AB from July 4, 2006 to December 26, 2007, formed an organization of 15 to 35% of the investments (stock subscription price) made by AF in the projects promoted by the Gangnam-gu Seoul and AE-related projects promoted by D from July 4, 2006 to December 26, 2007, and received KRW 15 to 35% of the investments (stock subscription price) made by AF, etc. in a manner divided by executives, the head of headquarters, and sales members. Using this, the Defendant was issued KRW 1,170 from total 1,170, such as AF, and received KRW 368,60,370,67,70, and 170.

Accordingly, in collusion with J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AA, and AB, the Defendant used a multi-level marketing organization or a non-level marketing organization consisting of persons who have joined a stage of step by step.

B. On November 19, 207, from November 19, 2007 to November 13, 2008, the Defendant continued to extract tropha 7th floor 701 and 702 of the above AD from J, K,O, P, Q, S, T, U,V, and Y, and AG, etc. in the business related to AD-7th tropha diesel.