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(영문) 수원지방법원 성남지원 2017.01.13 2016고단1939
유사수신행위의규제에관한법률위반등
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for two years.

[Defendant B] Defendant B is punished by imprisonment with prison labor for eight months

except that this shall not apply.

Reasons

Punishment of the crime

1. The Defendants’ joint crime Defendant A has overall control over the business in the mutual office of “F” (former trade name “G” and “H”) located in Gangnam-gu Seoul building 302, Gangnam-gu, Seoul, and is a person in charge of attracting investment funds and managing investment funds through an investment presentation session for many and unspecified investors. Defendant B is a person in charge of soliciting investors, who is in charge of soliciting investors, and the Defendants are expected to pay high-rate profits to investors.

The purpose of this paper is to acquire money as investment money.

A. The Defendants are victims I at the above “F office” office around March 2, 2016, namely, the victim I’s “satisco, the re-examination and marketing experts, and the knowledge editing room.”

Investment in the "J" operated by the Republic of Korea may obtain a large amount of profit.

J may invest 130,00 won per unit in 100 old accounts, based on which dividends and earnings of 10,000 won per unit shall be paid from the date following the investment of 130,000 won per unit to 10,000 won, 70,000 won after 10,000 won after 10,000 won, and 40,000 won after 10,000 won (in cash, 30,000 won, and 10,00 won).

The J is possible to pay dividends and allowances in a structure without recommendation allowances and support allowances, so it is possible to make high profits because of the payment of dividends and allowances.

The phrase “ makes a false statement.”

However, such a business method is an act of receiving investment money from the injured party and paying proceeds to the injured party with new investments by inviting other investors. As long as the investors continuously increase, it was a structure that makes it impossible to pay the profits initially promised to investors. Therefore, the Defendants did not have any intent or ability to make the said profits to the injured party.

Nevertheless, on March 2, 2016, Defendants A received 2,600,000 won from the victim who was believed to be the victim, from the victim, to the agricultural bank account under the name of Defendant A, and Defendant A from November 2, 2015.

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