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(영문) 서울중앙지방법원 2019.01.11 2018고합414
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant C’s imprisonment of 1 year and 6 months, and Defendant D’s imprisonment of 1 year and 2 months, Defendant B, E.

Reasons

Punishment of the crime

Defendant

On February 20, 2014, A was sentenced to imprisonment of one year and two months at the Seoul Central District Court for fraud, and the execution of the above sentence was terminated on November 15, 2014.

Since the facts of criminal records that constitute the grounds for aggravation of repeated crimes are not criminal facts, they may be tried even though they are not stated in the indictment.

Therefore, the facts of the criminal offense of Defendant A are recognized ex officio by the following evidence (Supreme Court Decision 71Do2004 delivered on December 21, 1971).

Defendant

Co-defendant (hereinafter referred to as “M”) separate from the rest of the Defendants, except for the Co-Defendant J, operated a building in Seocho-gu Seoul Metropolitan Government N, its head office in Gangnam-gu and Seoul Metropolitan Government P building in Q, and a joint receiver of the name of “Co-Defendant J” at an open auction at an open auction market for many unspecified persons, and planned to attract investors and receive investments as if they could guarantee profits from selling real estate. Defendant A, as a representative director, planned to hold an open auction and receive investment funds. Defendant A, a co-defendant, as Defendant A’s partner, recommended Defendant B to attract investors; Defendant B, as the representative of an open auction branch, Defendant G, I, and H to attract investors; Defendant C, as well as Defendant G, I, H, and H, as the representative of an open auction branch; Defendant D, at an open auction point; Defendant D’s office, as well as Defendant D’s office, had the duty of recommending investment from an open auction point, and Defendant C and its director’s office at an open auction.

1. A person who violates the Act on the Regulation of Conducting Fund-Raising by Co-Defendant J (hereinafter referred to as “Co-Defendant J”) except for the remaining Defendants (hereinafter referred to as “Co-Defendant J”) shall be the full amount of investment in the future to raise funds from many and unspecified persons.

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