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(영문) 부산지방법원 2013.05.03 2012고합1052
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A is punished by imprisonment with prison labor for each crime set forth in Section 1 as of August 28, 2008, and Article 1 of the Decision after August 28, 2008.

Reasons

Punishment of the crime

Defendant

A is the actual operator of T Co., Ltd. (hereinafter referred to as “T”) established in May 2005 and the representative director of U.S. newly established on September 4, 2007 (hereinafter referred to as “U”) to achieve the same business purpose as T, and Defendant B is the representative director of S Co., Ltd. (hereinafter referred to as “S”) established on October 13, 2006; Defendant D is a person with no specific occupation; Defendant C is a person in charge of employees and funding management; Defendant C is a person in charge of employees and investors in T and U; Defendant E is a person in charge of investment explanation and consultation for employees and investors in T and U; Defendant F was a person in charge of investment explanation and consultation for employees and investors in Gwangju and U; and Defendant G is a person in charge of investment explanation and consultation for employees and investors as the president of Gwangju branch.

【Defendant A, C, and E’s previous convictions on August 20, 2008. Defendant A was sentenced to a suspended sentence of three years on August 28, 2008 at the Seoul Central District Court on the one year and six months of imprisonment for fraud, etc. Defendant C was sentenced to a suspended sentence of three years on August 2008. Defendant C was sentenced to a suspended sentence of one year and six months at the Seoul Central District Court on August 20, 2008 and the said judgment became final and conclusive on August 28, 2008. Defendant E was sentenced to a suspended sentence of two years of imprisonment for fraud, etc. at the Seoul Central District Court, which became final and conclusive on August 28, 2008.

【Relationship between Defendants A, C, E, and F” (hereinafter “V”) was found guilty of fraud, etc. on the following grounds: (a) from August 2005 to July 2006, Defendant A, C, and E sold the shares of Co., Ltd. (hereinafter “V”) or took part in the employee and investor training related to the sale of the shares; (b) from August 2006 to July 2006, Defendant A, C, and E sold the shares of Co., Ltd. to an unspecified number of unspecified persons; and (c) Defendant A, B, from Defendant B, was found guilty of fraud.

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