(영문) 서울북부지방법원 2016.09.30 2016노792

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.09.30 2016노792

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Since the judgment of the court below on the market, it seems that approximately 126 victims of fraud have submitted a written agreement, considering that some victims of fraud, CB, GS, X, JW, etc. overlap.

The 12 victims were not subject to punishment when considering the duplicate Y among the victims of the violation of the Labor Standards Act.

There is a change in circumstances in which the court submitted a written application not to punish.

Part of the victims of the agreement shall give priority to the payment of KRW 300,000 as compensation, and ② the representative director shall be entrusted to the KU to invest capital of KRW 300,000,000,000,000 among the victims, and ③ in installments 30,000,000,000 for the remainder of the profit, excluding 20% of the investment profit of investors (JU) and the expenses incurred in exporting to China, excluding 20% of the value-added tax refund, etc., and 30% of the damage principal shall be paid in installments over five years after five years, and the representative director shall be replaced by the Defendant’s wife BS.

“”.

The defendant merely carried out the business, such as giving high pay to his employees and giving high interest to investors, and the expansion of the business from the brokerage business to the manufacturing business was caused by a lot of expenses, and the mediation trade, which is the original business, of which the defendant was employed, was naturally a profit, so it is argued that if the mediation trade, which is the business of the defendant, continues to engage in the business through the customer of the defendant, it is possible for the victims to pay damages such as the terms of the agreement.

However, it is difficult to easily accept the possibility of realizing the agreed content asserted by the defendant.

On the other hand, the defendant does not seem to have made efforts to repay the victims' damage.

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