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(영문) 부산지방법원 2012.08.24 2011고단649 (1)
사기등
Text

A defendant shall be punished by imprisonment for four years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2011 Highest 649]

1. The defendant is the D representative director, E is the vice president, F, G, H, I, and J of the above company, the director of the Changwon Center of the above company, and K is the director of the above company.

No one shall conduct a business of receiving investments under an agreement to pay the total amount of investments or the amount in excess thereof from many and unspecified persons without obtaining authorization, permission, etc. or making a registration report.

Nevertheless, the Defendant, in collusion with E, F, G, I, H, K, and J on November 23, 2009, invested in the business of developing and importing by-distributors hand at the D office of the above D Co., Ltd., the Defendant received dividends from the time of every share up to 150% of the investment amount, and received one million won from L as the investment amount, from around that time to March 3, 2010, and received 729 billion won in total over 210 times as shown in the attached list of crimes.

2. On November 23, 2009, the Defendant held an investment explanation meeting at the office of the said D Co., Ltd. and received KRW 729 billion in total from 210 to March 3, 2010, as shown in the attached list of crimes, from the next week after the investment of KRW 1,00,000 to 150,000 of the principal amount for 17 weeks from the next week, and upon recommendation of other investors, a recommendation allowance is paid as well as a recommendation allowance, and a person who made an investment shall be employed as an employee first if a factory is newly constructed and operated as a normal operator, and received KRW 1,00,000 from L to March 3, 2010.

However, the facts are as above even if the corporation has no normal sales performance and is invested from investors.

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