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(영문) 부산지방법원 2018.09.28 2018고단1128
사기등
Text

Defendant

A Imprisonment for one year, Defendant B, and C shall be punished by imprisonment for up to eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on the Regulation of Similar Receiving Acts shall make an agreement to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization, permission, etc. from the competent authority, and shall receive the contributions;

The Defendants jointly operated H Co., Ltd. (hereinafter “Co., Ltd.”) which is a similar recipient company in Busan Jung-gu, Busan. Defendant B operated H as a representative director, Defendant A was in charge of attracting investors and holding a business explanation meeting, and Defendant C conspired to receive investment funds from an unspecified number of unspecified persons after taking charge of the import of ice crap.

On October 16, 2015, Defendants would sell the victim K and L at the J hotel coffee shop located in the Busan East-gu I, Busan-do. The Defendants would import and sell the ice rap in Russia.

One million won per old unit can be invested, and 200,000 won per investment will be paid first under the name of introduction expenses, etc., and 1 million won per investment will be paid first, and 250,000 won per 25% of the principal and 250,000 won per 50,000 won per day by adding profits to 1 million won per investment.

“Along with the description of “A”, the victim K and L received KRW 40,000,000 on the same day from Defendant B’s account as an investment deposit, as well as the transfer of KRW 428,60,000 in total on 25 occasions from around that time to October 10, 2015, including the transfer of KRW 40,000 from that time to December 10, 2015.

As a result, the Defendants conspired to receive a similar act.

2. In fact, even if the Defendants were to receive an investment amount of one million won per old unit from the above victims, they were to pay the above high-rate profits for the same amount of money, and there was no introduction expense, center operation expense, job class expense, etc. 20% of the amount of the attracting sale, and the amount of the investment amount received from the victims continued to be received for the payment of dividends for the existing senior accounts.

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