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(영문) 서울중앙지방법원 2017.11.30 2017고단4990
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A public offering-related C company has been operating its office on the Gangnam-gu Seoul Metropolitan Government D3 through 11th floor from July 3, 2014 to June 5, 2015, and from June 6, 2015, Seoul Seocho-gu E first floor and extended its business to start the F Co., Ltd. (hereinafter “G”) established for the first purpose of real estate consulting business, etc., thereby under the control of G (hereinafter “G”), H, H, I, J, K, K, K, L, stock companies, and M.

In particular, in order to raise funds for the establishment and operation of G legal entities in the early stage of the operation, F kept investments, and after the establishment of G around October 2014, F made it easy to attract mutual investors by managing the G-affiliated headquarters by paying 10% of the F-investment amount (7% from January 2015) collected from each headquarters to the head of the headquarters as the operating expenses of the headquarters, with respect to the 61 headquarters offices across the country, including the Seoul Headquarters, which belongs to G-affiliated.

N as the president of the Group C company, the overall management of the group operation by appointing representatives and executives of each affiliate company, managing funds, etc. Around November 2014, the Defendant joined the above G as a member of the headquarters of G Suwon headquarters and recruited its members upon the direction of the said N from February 2015.

2. On July 15, 2016, the Defendant made a false statement in collusion with N(15 years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, which became final and conclusive on April 27, 2017), stating that “The G Suwon Headquarters office located on the 4th floor in Suwon-gu, Suwon-si, Suwon-si, Seoul Special Metropolitan City, would pay 20% of the principal of the investment to P as conclusive profits for six occasions, in addition to guaranteeing the principal of the investment.”

However, the above G did not have any revenue through a separate project or investment, and it was well aware of the above facts.

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