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(영문) 서울중앙지방법원 2019.01.25 2017고합635
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for 8 years, Defendant B shall be punished by imprisonment for 4 years, and Defendant C shall be punished by a fine of 50 million won.

Reasons

Punishment of the crime

To the extent that the facts charged and the basic facts are identical and there is no concern about causing substantial disadvantages to the defendants' exercise of their right to defense, specific facts are partially recognized differently from the facts charged.

Defendant

A and a representative director of AW (hereinafter referred to as “AW”) and a director of AX (hereinafter referred to as “AX”) of AW company (hereinafter referred to as “AW”), are the internal directors of AX (hereinafter referred to as “AX”), and have overall control over the overall management of AX, such as business explanation, investment attraction, and investment management, while engaging in the business activities. Defendant AW’s internal director and the representative director of AX, who are in charge of the management of investors and branches, and Defendant C is a person in charge of investment attraction and investment management as an employee of AW.

The Defendants conspired to attract investment by explaining the project as if they guarantee the principal and high-profit profits when investing in the head office through the nationwide collection of the pawning business branch through the advertisement of the pawning franchise business.

"2017 Highly 635"- Defendant A

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud Defendant stated that “If they are invested in the headquarters in the form of fixed investment money in the direct management store operated by AX, the victim B would invest the money in the direct management store operated by AX, and guarantee the principal with the proceeds and pay the dividend of 2.5% (30% per annum) per month.”

However, in fact, AW and AX are not a institution-authorized financial company, but did not have made an investment for profit-making business or received a profit, and they are paid high-rate profits and dividends to senior investors with the investment funds of subordinate investors.

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