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(영문) 서울중앙지방법원 2015.11.26 2015고단5456
유사수신행위의규제에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and each of the defendants B shall be punished by imprisonment for a year and six months.

However, the defendants are the defendants.

Reasons

Punishment of the crime

1. The fraud is a domestic top-tier business entity of “F”, a similar recipient company, who manages the investment fund solicitation account. Defendant B is a domestic top-tier business entity of “F” and is a person who provides a business explanation against investors by referring to the officer of the Hong Kong head office.

The Defendants conspired to acquire money from many unspecified persons by precluding investment in financial products of “F” with G, a domestic business operator of “F”, together with G.

The fact is that the substance of “F” is unclear, and the possibility of redeeming profitability and profit is unclear. The shopping mall operated by the “F” is actually not sold, and most of the investments received from the victims was planned to use it as a dividend paid to the domestic subordinate investors without being remitted to a foreign country. The above company was in a situation where it is not possible for it to bring up its own sales or profit due to its failure to conduct any other business except investment solicitation in Korea, and eventually, it was bound to take the method of paying the investment amount in full or in excess of the investment amount to the existing investors in consecutive order using the investment amount attracting from the subordinated investors. Under such business structure, it is clearly anticipated that the high-rate allowance agreed upon to the investors, including the victims, should not be paid continuously, so it is clearly anticipated that there was no intention or ability to make payment of the agreed interest rate to the investors, as long as the new investors, including the victims, did not continuously increase.

Nevertheless, around December 3, 2014, the Defendants, along with G, are operating the shopping mall in which investors I are well-known financial companies in Hong Kong, and sell master crafts.

F In the event of investment in F, the head office Hong Kong shall invest its investment in the FXE transaction.

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