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(영문) 서울중앙지방법원 2014.06.12 2014고단1999
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant is a person who served as a management director of D Co., Ltd. (hereinafter “Co., Ltd. E” on January 15, 2000) whose head office is located in the fifth floor of Gangnam-gu Seoul Metropolitan Government C building.

In fact, the Defendant: (a) conspireds with the above company’s president, F, representative director G, H, the head of the headquarters of the company, and I to receive money under the pretext of investment in order to receive money from the investors in exchange for the said company’s ordinary expenses and the amount invested by the investors because the said company did not have any profit-making business profit; and (b) the amount exceeding the investment made by the members of every month should be paid in terms of the principal and profit repayment, allowances, etc.; (c) even if the money was received from the investors in terms of structural investment from the other companies, the Defendant has to make a high-rate dividend, or to repay the principal, even though there was no intent or ability to make an investment in the other company, and instead, to receive money from the victims under the pretext of the above company’s investment, the Defendant did not make a false representation as if he would make an investment in the other company to pay a high-rate dividend and to receive money under the pretext of investment. (d) The Defendant was responsible for the role of managing the entire company and explaining the investment to investors.

H and I, around September 15, 199, in a L restaurant operated by the Gangnam-gu Seoul Metropolitan Government J (n, 50 years of age), falsely speaks that “the victim shall pay 20% dividend for each month and return the principal after every three months” to the victim, and shall encourage the victim to attend the business presentation held by the D Co., Ltd. office, and F, G, and the Defendant, etc. to establish a casino that can be operated with tax exemption for 20 years in the D Co., Ltd., along with the above explanation.

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