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(영문) 부산지방법원 서부지원 2018.02.20 2017고단1150
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Around March 2014, the Defendant: (a) received a proposal from a high-speed job offering C to cultivate and sell flowerss; (b) contacted with D, E, and deceased F in sequential order; and (c) the fact is likely to lose the flowerss for the growing of the mushroom because of the growing period of artificial growing of the flowerss; and (d) there is little possibility that profits would be generated even if the flowerss are artificially cultivated and sold, due to the failure to secure the distribution network of the produced flowerss, the Defendant would be able to increase the flowerss to an unspecified number of people at a 0% rate of waste; and (b) there is no likelihood that the business would be able to make profits accruing from the growing of the principal and interest of the investors by using these technologies so as to make it difficult for the said investors to receive profits from the capital by mass production and sale; and (c) as such, there is no way to inform other investors of the fact that the business would have been able to receive profits from the capital for a short period of time and to return the capital to the investors.

On May 1, 2014, the Defendant established G Co., Ltd. (hereinafter “G”) with the main focus on the production, sale, etc. of mushroom around May 1, 2014, and C, while serving as the representative director of the said G, entered into an entrustment management agreement with the I Agricultural Partnership operated by H on the joint production and sale of fireworks, mushroom and vegetables, and thereafter, recruited investors in the course of operating G Busan branch, and the Defendant, while serving as the vice president of G, provided explanation of the effects and investment conditions of the CFFFFF in the Daegu-Gyeongbukbuk, etc., and D is a management director of G.

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