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(영문) 대구지방법원 2015.01.07 2014고합396
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant, as the president of the company D (hereinafter “D”) located in the second floor of the Dong-gu Seoul Metropolitan City, Daegu-si, took overall charge of the business of the above company. E, a vice president, took overall charge of the business of the Defendant, who was in charge of business support and developing overseas markets such as Thailand. G was in charge of general affairs as a general director, and H was in charge of the business promotion and product advertising as planning director. H was in charge of the business activities such as company promotion and product advertising on the third floor of the J building in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, the third floor of the J building in the Dong-gu, Busan-gu, Busan-gu, Busan-gu, Busan-do branch office and Daejeon-si, and O was in charge of the business activities of G as the office of general secretary, and H was in charge of the office of office promotion and product advertising on the third floor of the J building in the Dong-gu, Busan-gu, Gwangju-si, Gwangju-si and Daejeon branch office and Q as the office of OM 403.

The Defendant, together with E, F, G, H, I, K, M,O, Q (hereinafter “E”) intended to attract investment funds by sharing the aforementioned roles with investors, and explaining the allowances system, business development direction, etc.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has not been able to create profits even with the attraction of investment, and the considerable amount of the investment funds attracting should be disbursed to high-rate dividends, class allowances, employee salary, office operating expenses, etc. Therefore, there is no sufficient investment principal and high-rate dividends, and there was no stable financial foundation for the repayment of the principal and interest of investment, and there was no choice but to operate a business in a way that pays allowances to existing investors by using investment funds attracting from subordinated investors in succession. As long as a new investor is not induced, it is difficult to pay the principal of investment after a certain period of time because it is anticipated that the fixed high-rate profit will not be paid.

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