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(영문) 인천지방법원 부천지원 2018.05.25 2017고단1222
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the Defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 27, 2009, the Defendants committed a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court, and Defendant B was sentenced to one year of imprisonment, and Defendant A was sentenced to two years of suspended execution, and Defendant A was sentenced to two years of suspended execution in August, 209, respectively, and the said judgment became final and conclusive on September 4, 2009.

Defendant

B is the representative director of corporation D with the fourth floor of Seocho-gu Seoul Metropolitan Government C Building, who has overall control over the business affairs of the above corporation, and the defendant A is the person in charge of accounting affairs such as fund management of the above company and investment attraction.

Defendant

A had a debt of KRW 400 million to E in early 2008, and Defendant B also had a debt of KRW 400 million to Defendant B bank, etc., by establishing an investment company directly, guaranteeing the principal of the investment company, paying dividends of KRW 10% per month, and receiving investments, and paying the debt to E, etc., and subsequently soliciting to operate the company in such a way as to prevent the return of the name paid to senior investors by receiving money from the priority investors.

1. On May 19, 2008, the Defendants made a false statement to the victim G, “If an investment advisory company established by the internal government makes an investment in D, the company’s shares shall be paid, and 10% of the principal per month shall be deducted as dividends,” at the main point where the trade name in Yangcheon-gu Seoul Metropolitan Government is unknown.”

However, in fact, the defendants graduated from the Taekwondo Department and had no experience in operating the Taekwondo Company. Defendant A had the obligation of KRW 400 million to E, Defendant B had the obligation of KRW 400 million to Defendant B bank, etc., Defendant B received money from investors and paid KRW 400 million to E, etc. with priority in repayment of the obligation of KRW 400 million to E, etc., and the next priority investors were able to receive dividends from the next priority investors, and even if they were to receive investments from the damaged investors, they have the ability to pay principal and dividends to the victim.

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