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(영문) 의정부지방법원 2016.02.02 2014고단3967
사기등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for one year and eight months, Defendant C, D, and E, respectively.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to a suspended sentence of three years on April 18, 2012 to imprisonment with prison labor for fraud, etc. at the Chuncheon District Court on June 21, 2012, and the said judgment became final and conclusive on June 24, 2012. On April 24, 2015, Defendant A was sentenced to imprisonment with prison labor of two years and six months for fraud, etc. and the said judgment became final and conclusive on June 24, 2015.

[2] Defendant C, Defendant D, and Defendant E are people who have overall control over the business, such as using N’s representative director, Defendant A, and Defendant B’s position in Gangwon-gun M, attracting investors, and giving instructions to attract investment to lower-ranking persons. Defendant C, Defendant D, and Defendant E are people who recruited investors.

1. On August 22, 201, the Defendants conspired with L in succession, and Defendant C would give a certain amount of profits every month to the victimO through Defendant C at a non-permanent place.

In particular, until September 201, if the amount of investment exceeds KRW 100 million, 1% or more of the shares in the amount of mining output will be paid.

In the above mine, approximately 19 tons of self-revision (the amount equivalent to KRW 2.370 billion), and the sales plan amount is equivalent to KRW 19 billion only in 201 and is equivalent to KRW 37 billion as of 2012.

In the country, 27 billion won is paid as business subsidies to those who have invested more than 100 million won, 2% of subsidies for those who have invested more than 100 million won, and 1% of the mining output, the investment funds will be repaid after one year, and interest equivalent to 5-7% of the monthly investment funds will be paid, and 2% of the investment funds will be paid as the introduction funds by attracting investors.

The phrase “ makes a false statement.”

However, in fact, the above mine was under six tons in 2009 and its extraction was suspended thereafter, and there was no actual process of self-revision production and sales, and there was no plan to pay or pay government subsidies. The Defendant paid the money received from the above victims under the name of dividends to other similar recipients.

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