(영문) 인천지방법원 부천지원 2019.05.31 2019고합4

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(영문) 인천지방법원 부천지원 2019.05.31 2019고합4

특정경제범죄가중처벌등에관한법률위반(사기)등

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A defendant shall be punished by imprisonment for eight years.

Of the facts charged in the instant case, attached Table (1) Nos. 204, 205, 208, 351, 379.

Reasons

Punishment of the crime

[2019Gohap4] The Defendant, as the representative director of the AJM Co., Ltd. (hereinafter “AJM”), was in charge of attracting investment and distributing dividends with AJN, a representative of the AJM office, and AJP, a financial director of the AJM headquarters, the Defendant’s birth, is the managing director of the AJM headquarters.

1. In addition to AJO, when investors pay at least 1,00 won as one unit of investment, the Defendant: (a) 8% of the principal of each month may be distributed if investments are made for six months; and (b) 9% of the principal of each month shall be distributed if investments are made for six months; and (c) 12 months shall be paid if investments are made for 12 months; and (d) the Defendant, as the representative director of AJM, shall be in charge of an investment attraction and distribution; (b) the Defendant, as the head office of AJM, shall be in charge of financial affairs, such as receipt and distribution of investments, at the head office of AJM; and (c) the AJP shall be in charge of education and attraction of investors, etc. at the head office of AJM’s head office.

However, in fact, the Defendant and the AJO do not have to actually generate the profit of the high rate agreed upon through foreign exchange margin transactions, and did not have to pay or create the above profit due to the lack of operational performance, and the situation where there was no profit-making business that can definitely pay the investment principal with respect to the investment amount, and therefore, the principal and interest to be paid to senior investors should be repaid in order by using the investment amount kept by junior investors. In conclusion, as long as new investors are not detained, it is clearly anticipated that they will not pay the high rate profit of their agreed rate unless they are continuously attracting new investors.

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