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(영문) 부산지방법원 2013.06.12 2012고단4950
사기등
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant A was the head of the headquarters of G Co., Ltd. (hereinafter referred to as “G”) located in 118 U.S. Ftel underground in Busan-gu, Busan-gu, and Defendant B was the business director of G Busan-gu, and Defendant C was the head of the G Busan-gu headquarters. Defendant C was the head of the G Busan-gu headquarters.

1. The Defendants, in violation of the Act on the Regulation of Fraud and the Act on the Regulation of Conducting Fund-Raising Business without Authorization, Permission, Registration, Report, etc., agreed to pay the total amount of investments or an amount in excess thereof in the future to an unspecified number of investors in the above G Busan Headquarters and conspired to receive funds from investors by deceiving investors in the above G Busan Headquarters that the principal and a certain return on profit may be guaranteed.

On November 18, 2009, at the above G Busan Headquarters, the Defendants stated that “The stock trading system developed by the G shall make a decentralization investment with various kinds of stocks, and the program is verified to be unable to effectively cope with a decline in profit rates due to a daily short-term trading system, and thus, 20% of the principal amount shall be paid every month. The Defendants made a false statement to the effect that “The investor’s account deposited with money is invested in stocks using the above system, and the total amount of principal shall be guaranteed even if any loss occurs.”

However, the Defendants did not have the intent or ability to guarantee the principal even if they receive the stock investment money from the victim.

The Defendants received KRW 10,000,000 from the victim for the same day as the capital contribution.

The Defendants, as well as those, had been delivered KRW 560,00,000 by deceiving the victims on nine occasions as shown in the list of crimes (1) of the attached Table from that time until June 30, 2010.

Accordingly, the Defendants conspired to the victims.

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