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(영문) 서울중앙지방법원 2019.02.20 2018고합858
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The premise facts B, as the representative director of E Co., Ltd. (hereinafter referred to as “E”) for the purpose of cultural fund business, etc. located in the 14th, Gangnam-gu Seoul Building D, and from the same company name, the entry of “Co., Ltd.” was omitted), the Defendant took charge of overall business activities, such as planning and promotion of business as the representative director. The Defendant took charge of the management of E’s vice president, including finance, etc., and the Defendant took overall charge of F from March 15, 2016 to October 2016. G took charge of the business activities of raising investment funds as the business director of E. G from March 15, 2016 to March 29, 2017.

[Defendant B, B, and F’s public invitation - Fraud] around January 2016, while operating H, a stock company, the telegraph of E, the lack of business funds, and H’s capital increased to KRW 500 million on February 5, 2016, and changed the trade name on March 4, 2016 to E.

Although it is well aware of the circumstances that the so-called “competence”, which is paid from subordinated investors as profits to senior investors due to the lack of business profits, is to attract new investments by changing the name of the juristic person into “stock company E”, but the Government of the Republic of Korea invested in and plans to commit the crime of receiving investment funds from many unspecified investors by receiving investment funds managed by the I Company from an unspecified number of investors, and then attracts investments by Defendant and F. “E is a sound company with the capital of 10 billion won invested in and managed by the Government of the Republic of Korea, and is conducting various projects such as overseas futures companies, etc. E is a sound company with a large rate of 10 billion won, and if investments are made, it will be able to receive investment funds by acquiring investors who will be able to pay high-rate profits for one year and receive the principal after one year.”

F is the capital of H because it does not receive the principal and earnings from H as it invests in H at the time.

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