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(영문) 부산지방법원 동부지원 2016.10.04 2015고합207
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for five years and for three years, respectively.

Reasons

Punishment of the crime

[criminal power] On September 11, 2015, Defendant A was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court's branch branch branch, and Defendant B was sentenced to imprisonment with prison labor for two years from September 11, 2015 in the Busan District Court's branch branch, Busan District Court's branch, and the above judgment became final and conclusive on May 5, 2016.

【Criminal Facts】

[Defendants] 2015 Gohap207]

1. Defendants

A. In around 2007, the Defendants worked together with “H”, which is a company investing in stocks outside the country. From September 2007 to May 2008, the Defendants worked together as an employee in “stock company I”, a company specializing in foreign exchange futures trading, and engaged in the business of attracting investors. The said company, upon attracting direct investors from around 2009, did so and operated funds and conducted foreign exchange futures trading. From February 20, 2012 to April 2014, Defendant B established the JJ and operated the company as the representative director, and Defendant B took charge of investment funds, management of employees, investment attraction, etc., and Defendant A as the head of the management support team or financial director.

The Defendants were unable to resolve the principal amount of KRW 1.3 billion to the attractive investors while working in I, and since 2010, the Defendants incurred losses in foreign exchange futures trading and did not have any particular funds, and planned to conduct foreign exchange futures trading with respect to the investment attraction commission, company operation fund and profits to be paid to investors, and there was no special technology that could prevent risks in transactions that may arise from foreign exchange futures trading, and there was no intent or ability to return the principal or pay profits, even if they received the investment money, there was no special technology that could prevent risks in transactions that may arise from foreign exchange futures trading.

Nevertheless, around March 8, 2010, the Defendants conspired to make payment of the 2-3% profit of each month through foreign exchange futures trading to the victim K.

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