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(영문) 수원지방법원 2016.06.10 2015고합693
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for four years and for two years, respectively.

Reasons

Punishment of the crime

Defendant

A received proposals from E to proceed with the gold-import business in Africa, and around July 2013, A intended to conduct the said gold-import business to Defendant B, and requested Defendant B to invite investment funds necessary for the import, distribution, sale, etc. of gold-import business, and Defendant B consented thereto.

Accordingly, Defendant A, along with E, took charge of the affairs such as securing customers to purchase gold in Africa and coloring methods to receive gold, and Defendant B and Defendant A shared their respective roles to recruit investors in order to raise funds necessary for the promotion of the above activities.

However, in fact, the Defendants were in a situation where it is difficult for them to carry out business if they are unable to attract capital due to the lack of funds to promote the above business, and in Africa B, they were unable to export and enter the business directly, and financial transactions related to gold export and entry could only be remitted and collected through the central bank, and there was no employment of human resources in foreign language or human resources in charge of securing trade customers, etc., which is essential to promote foreign trade business, and even if they were unable to properly purchase money, they did not have the intent to pay principal and profits to investors by operating the above gold-import business normally even if they were to receive investments from investors, as the business itself is in an unsound state, even if they were to receive investments from investors.

Nevertheless, the Defendants conspired to attract investment funds with the above E and F, and Defendant A may raise high profits from the gold-import business to F in order to raise funds for the gold-import business expenses.

It is required to attract investment in an exaggerated manner, and the F is one of the victims G.

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