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(영문) 수원지방법원 2019.02.14 2018고단5349
사기방조등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2013 to January 201, 2016, the Defendant served as the head of the headquarters of C Co., Ltd. (Representative Director D)’s “original” branch established for the purpose of e-commerce business in Seoul building 15. From February 1, 2016 to August 2016, the Defendant served as the head of the headquarters of the Gangnam-gu Seoul E-building F branch office.

1. On December 17, 2013, the Defendant made a false statement to the victim G, stating, “When investing more than KRW 10 million in the FX M&D business of the C&C company the representative of D, the Defendant would pay 2% of the monthly income and return the principal after one year.”

However, in fact, D does not have assets or profit-making enterprises to pay high-rate profits to the victims, and there was no possibility of realizing considerable profits within a short period due to lack possibility of success, and since February 201, 201, D did not have the ability to use the investment funds of investors for the purpose of using or redeem the principal or profit-making for the investment funds from many investors including victims, such as repayment of principal and interest of other investors, and abandonment of the payment of fees for multi-stage sales solicitation, etc., even if it was received with investment funds from many investors, including victims, for the purpose of using or repaying the principal or profit-making funds, from the investment funds of the overseas business that are operated by D, such as the FX M&M brokerage, etc. from September 2, 2016.

The Defendant, as the head of the head of the headquarters of C's 'l' branch, did not properly confirm how D properly invests investors' investment funds in the FX M trading brokerage business, etc., and how much the FX M trading brokerage business is.

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