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(영문) 서울동부지방법원 2018.01.19 2017고합207
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

All applications for compensation order shall be dismissed by applicants.

Reasons

Punishment of the crime

【The Defendant was sentenced to a fine of KRW 10 million for a violation of the Door-to-Door Sales, etc. Act and the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court on October 19, 2006. On May 17, 2012, the Seoul High Court was sentenced to a suspended sentence of three years for a year of imprisonment with labor for a violation of the Act on the Regulation of Similar Receiving Acts, and for a crime of fraud.

【Criminal facts】 The Defendant is the head of the E Group, a branch office of the C Co., Ltd. (hereinafter “C”) established for the purpose of electronic commercial transactions in Yeongdeungpo-gu Seoul Metropolitan Government Group B and 23.

1. On February 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is expected to make an overseas investment to the victim G in the above E Group office located on the fourth floor of the F Building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu. “If the Defendant invests more than ten million won in the business, he/she will make an investment in the profit-making business, such as foreign exchange settlement business, etc., and pay 2% of the monthly investments to him/her as dividend.

“A false statement” was made.

However, in fact, D does not have assets or profit-making enterprises to pay high-rate earnings to victims, and there was no possibility of realizing considerable profits within a short period due to lack possibility of success, and there was no possibility of realizing the so-called “return” method after December 2, 201, as well as the so-called “return prevention” means of “return” after the establishment of H Co., Ltd. and the establishment of a foreign corporation from around October 201 to around September 201, 201, and the implementation of overseas business, such as FX M&M trading brokerage business, etc. from many investors including victims, such as dumping the use of funds for multi-stage solicitation business from the payment of principal and interest (proceeds) to other investors, and the payment of fees to multi-stage solicitation business operators.

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