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(영문) 서울동부지방법원 2018.02.23 2017고합54
방문판매등에관한법률위반등
Text

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

Reasons

Punishment of the crime

[criminal records] On June 9, 2006, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court, and on June 8, 201, the same court appealed after being sentenced to one year of imprisonment and two years of imprisonment for fraud, etc., and on December 22, 201 of the same year, the Defendant dismissed the appeal regarding one year of imprisonment with prison labor at the same court, and on August 15, 2014, after being sentenced to one year and six months of imprisonment for appeal, the execution of the sentence was terminated.

[2] The Defendant is a person who operates multiple corporations, such as C, D, E, F, G, and H, and is working as the president of the so-called I Group.

In fact, while the Defendant did not have worked in a foreign financial institution for a period of up to 00 years and had no career to be recognized as an expert in stock transaction, he was released from the prison after preparing a large-scale investment fraud crime in which he/she was found to be an expert in stock transaction by providing a false statement that he/she was responsible for the manipulation of stock prices to other prisoners and detained him/her, even though he/she did not have any career to be recognized as an expert in stock transaction.

The J used a large-scale company group, including changing and utilizing a corporation closed in the course of its operation, in order to receive investment money under the pretext of stock investment, business investment, etc. as if it were a business group holding large-scale assets. Although the Defendant is operating multiple corporations as above, even if there are no substantial business itself or there is no continuous profits, and even if it receives money from many and unspecified persons under the pretext of assets management, investment, etc., the Defendant did not have any intent to pay the principal every month due to stock transactions using it and various business operations, and there was no ability to pay the principal at the time when the investor wants or the contract expires.

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