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(영문) 광주지방법원 2016.01.13 2015고합342
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years, for one year and six months, and for one year and one year, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the I representative director, the defendant B is the Gwangju branch of the above company, and the defendant C is the director of the above company.

1. Joint crimes committed by the Defendants

A. A. The business of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, which is false, is an act of entering into a certain contract with a casino operator and distributing profits according to the result of the game by proxy and distributing profits to the casino business. Moreover, Defendant A and B would not simply invest money in the casino business. Defendant A and B would have invested in the victim J, etc. of the investor as an investor around January 2014 and distribute profits to the casino business.

Around January 2, 2014 to December 2, 2014, when investing KRW 147 million in the K Hotel in the K Hotel located in Jeju-do, it was known that even if the investment in the casino was made in the state of losses, the risk of losses exists even if the investment in the casino was made. Moreover, rather than investing the investment in the casino, etc. received from the investors, it was higher to pay the dividends and allowances of senior investors as the investment funds of senior investors, so there was no intention or ability to guarantee the principal to investors and distribute the profits therefrom.

Nevertheless, Defendant A and B conspired with each other on December 2013, Defendant C shall be paid dividends until the dividend reaches 500% of the investment amount, in collusion with each other from July 2014, and on February 12, 2014, at the Office of Gwangju Branch Co., Ltd., Ltd., Ltd., located in Gwangju North-gu L, Gwangju-gu, Gwangju-gu, Gwangju-gu, Seoul, the victim J.

The investment principal shall be guaranteed.

“Falsely speaking, the victimJ received KRW 2,40,00,000 from the victim J as an investment deposit, and from that time until May 29, 2015, the sum of KRW 2,63,40,000 (in the case of Defendant C, the sum of KRW 94,00,00,000, from the damaged 104 under the name of investment deposit as shown in the list of crimes in the attached Form.

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