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(영문) 서울중앙지방법원 2017.12.28 2016고단9525
사기등
Text

1. Defendant A shall be punished by imprisonment for one year and six months;

2. Defendant B shall be punished by imprisonment.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to ten months of imprisonment for fraud at the Suwon District Court on January 14, 2015, and the execution of the sentence was terminated at the Suwon District Court on April 18, 2015. Defendant D was sentenced to two years of imprisonment for a violation of the Act on the Regulation of Similar Receiving Activities at the Seoul Central District Court on July 15, 2016, and the judgment was finalized on November 16, 2016. Defendant E was sentenced to two years of suspension of execution. Defendant E was sentenced to one year of imprisonment for a violation of the Act on the Regulation of Similar Receiving Activities at the Seoul District Court on July 7, 2017, and was sentenced to two years of suspension of execution on November 4, 2017.

[The Defendants: (a) around December 2015, at the G Office located in the 111th floor of the Seoul Gangnam-gu Seoul Metropolitan Government F building, the Defendants guaranteed the principal of the investment amount by iceizing the sale of the instruments predicted for the rate of the winning of the Pabya game; (b) as if they would distribute high-rate investment profits on the principal to investors; and (c) are paid money from investors as investment money; and (d) are invited in sequence to engage in a similar receiving business; (b) Defendant A was actually joint representative of the said G; (c) the joint representative of the said G; (d) the role of Defendant B was to raise investors; (e) the role of Defendant C as the representative in charge of the accounting of the said G; (e) the role of preparing various documents, such as a consignment management agreement; and (e) Defendant D, as the representative in charge of the business of the said G; and (e) the role of Defendant D, as the representative in charge of raising investment funds and investors; and (e) the role of Defendant E, an investment project to explain.

[Criminal facts]

1. The joint crime committed by the Defendants is a business of receiving contributions from many and unspecified persons under the agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, obtaining registration, reporting, etc. in accordance with Acts and subordinate statutes.

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