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(영문) 광주지방법원 2016.08.19 2016고합165
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is the actual representative of the F of Limited Company F in the Dong-gu E and 7th floor in Gwangju-gu, and Defendant B is the representative in the name of the above company and was in charge of accounting as the head of the office.

1. The fraud: (a) Defendant A was willing to attract investment money to an unspecified number of unspecified people by setting up and promoting a business plan of Company F with limited liability; (b) holding an investment presentation session; and (c) Defendant B, by acting as a representative in the name of the company; (c) preparing a statement of receipt and payment of investment money; and (d) paying allowances.

Therefore, at the office of F of the above limited company F in early August 2015, the Defendants paid “F” to the victim G by collecting investment money from the victim G, making investments in the commercial society and the mobile phone company, and walking money in the fund form.

If 990,000 won is invested in one account, 300,000 won per week from two weeks after every one account shall be paid as allowances.

“Along with this Act,” and recommended investment.

However, in fact, the limited liability company F merely did not have any particular asset, and the Defendants did not have any specific plan to invest in the communications company and the commercial conference, which made an promise to investors, and thus, it was a structure in which the Defendants would have been able to receive continuous investment from other investors, and thus, there was no ability to pay the principal and the profits promised to the victims.

Therefore, the Defendants conspired to deception the victim G and received KRW 10 million from the victim G to the Agricultural Cooperative Account (Account Number: I) in the name of H on August 13, 2015, and received KRW 50,559, 560, 582, 583, 584, 65, 655, 656, 657, 686, and 686, a total of KRW 10,2370,000 from the above date and time to August 28, 2015.

In addition, the Defendants, from July 2, 2015 to August 29, 2015, are above at the seat of the FF office of the said limited company.

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