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(영문) 서울중앙지방법원 2018.09.12 2018고합408
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

To the extent that the facts charged by the prosecutor do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

The defendant of "2018 Gohap 408" is the representative director of C of a corporation that produces and sells "Sustrari", which is a kind of Switzerland that is used as raw materials for functional health foods.

On June 20, 2014, the Defendant: (a) at the victim limited liability B office located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government (hereinafter referred to as Seoul Seocho-gu), “E, the representative of the law firm, is actually determined in the production of Switzerland products; (b) the F and broadcast sales contract has become final and conclusive; and (c) actively requested the supply of products; (d) the F have failed to secure inventory due to the lack of cost

In the face of investment of 2 billion won in product production costs, 50 million won within 2 months from the first home shopping broadcasting time, 50 million won within 3 months from the first home shopping broadcasting time, and 4 months, the remaining principal of investment will be returned, and 50% of sales proceeds will be paid after six months from the first home shopping broadcasting time.

“.....”

In addition, on July 9, 2014, the Defendant entered into an investment contract with the following content:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to provide “A” (Defendant) with support for production costs for the production of Switzerland or G 40,000 gambling, which is scheduled to supply to “A” (Defendant C) this major shareholder and “B,” who serves as the representative director, “C,” and to provide investment with the content that A receives some of the proceeds therefrom, and to regulate the contents related to the collection of funds.

Section 2 (Subject-Matter of Investment) The investment funds of this Agreement may be used only as costs for the production of the following products:

The seller’s F Product Switzerland or G 40,000 G 40,000 (Pos 600,000 pos pos : 240,000) and products are in the condition of Eul.

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