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(영문) 서울남부지방법원 2018.12.11 2018고단3730
방문판매등에관한법률위반등
Text

A defendant shall be punished by imprisonment for five years.

Part of the charges of this case excluded from the duplicate sales.

Reasons

Punishment of the crime

1. The Defendant: (a) from April 19, 2013 to May 2, 2015, the head office management and head office located in Yeongdeungpo-gu Seoul Metropolitan Government for the purpose of electronic commercial transactions, etc. on B and 23 floors at the “E” branch office located in the “E” branch office, which was established for the purpose of electronic commercial transactions, etc.; and (b) from May 19, 2015 to September 2, 2016, the Defendant served as the head office “H” branch office affiliated with the said head office management and head office located in Yeongdeungpo-gu Seoul Metropolitan Government.

On June 2016, the Defendant made a false statement to the effect that “If the Defendant invests more than 10,000,000 won in the “FX M&C brokerage business” of the D branch office, the Defendant would make an investment in profit-making business, such as foreign exchange settlement business, and thereby pay the principal and interest at least 24% per annum (2% per month) in 12 months, and return the principal after one year.”

However, in fact, D has no assets or profit-making enterprise 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 there was no possibility of realizing so-called “return” after December 2, 2011, as well as the so-called “the so-called “return prevention” method established around JA and Oct. 2, 2014, and established a foreign corporation from around September 201 to conduct overseas business such as FX M&M trading brokerage, etc., and there was no business revenue from many investors including victims from September 2, 2016 to around September 2, 201, D used the investment funds for the purpose of investment or loan-making, etc. even if there was no intent to use the funds for investment or loan-making, etc. from many investors including the victims for the principal and interest of other investors, and there was no possibility of using the funds for investment or loan-making, etc.

The defendant C.

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