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(영문) 수원지방법원 성남지원 2017.03.02 2016고단958 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 10 million.

It shall issue an order to the defendant for provisional payment equivalent to the above amount of fine.

Reasons

Punishment of the crime

[2016 Highest 2858] B is a substantial operator of Defendant A, and Defendant A is a corporation established for the purpose of meat processing and distribution business.

B along with C, around July 29, 2015, at the second floor of the D Building in Gwanak-gu, Seoul Special Metropolitan City around July 29, 2015, the victim E is expected to generate profits by selling the original drawer, etc. by operating a decoration plant.

When making a deposit of KRW 1.2 million per Gu unit, the amount of dividends shall be paid in 200,000 won per day until the amount reaches two million won, and 20,000 won per day shall be paid in 20,000 won per day, and if two investors are recommended, 20,000 won per day as an allowance for recommendation shall be paid in addition, and if two investors are recommended, 10% of the amount deposited by the recommended investor shall be paid as an allowance for

If the sales of subordinate members are KRW 50 million, a class allowance of KRW 200,000 shall be paid.

“A” and the victim E received KRW 1.6 million from July 29, 2015 to October 5, 2015, including the remittance of KRW 1.6 million from July 29, 2015 to the national bank account in the name of A corporation for the same day as the victim E’s investment, and received the total amount of KRW 386,847,00 from 114 to the national bank account in the name of A, as shown in the list of crimes in the attached crime.

As a result, B, an employee of the Defendant Company A, agreed to pay the total amount of investment or the amount exceeding it in the future in collusion with C without obtaining authorization, permission, registration, report, etc. under the laws and regulations.

Summary of Evidence

1. The defendant and the defendant B's respective legal statements

1. Statement made by the police with regard to F;

1. Search and seizure inspection warrant and reply (the detailed statement of transactions by account);

1. A report on investigation (revision of a list of offenses);

1. Application of response statutes, such as financial transaction information;

1. Articles 7, 6 (1) and 3 of the Act on the Regulation of Conducting Similar Receipt of Criminal Facts;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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