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(영문) 서울중앙지방법원 2018.10.25 2018고합490
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for six years, and Defendant B shall be punished by a fine of twenty million won.

Reasons

Punishment of the crime

1. Defendant A- - The Defendant is a person in charge of overall control over B’s business as the representative director of the company B for the purpose of cultural fund business, etc. located on the 14th floor of Gangnam-gu Seoul Metropolitan Government C building D (hereinafter “B”).

E is a person who has overall control over the collection of investment money as a business director of B from March 15, 2016 to October 2016.

F is a person who has practiced as the head of the headquarters B from March 15, 2016 to March 29, 2017.

[Around January 2016, when the business fund was insufficient while the Defendant operated G Co., Ltd. (hereinafter “G”), the telegraph of B (hereinafter “G”), the Defendant was well aware of the fact that G’s capital was merely KRW 200 million (the capital was increased by KRW 500 million on February 5, 2016) and that it is inevitable to prevent the return of the investment fund received from the priority investors due to the lack of business profit, the investment fund received from the priority investors after the lack of business profit. However, the Defendant planned to attract a new investment by changing the name of the legal entity into B, and to receive the investment fund managed by H Co., Ltd. from many unspecified investors by receiving the investment fund from the government, and then, to collect the investment fund from H Co., Ltd. (hereinafter “B”) after collecting the investment fund from the government, it is possible to return the investment fund to a company with a total amount of KRW 100 billion overseas, and to receive the investment fund within one year after the business profit.

If investors understand, they will be able to receive investment money.

It is different to form an organization that solicits investment funds in the position of business directors. 11% out of the investment funds will be paid as allowances.

The proposal is proposed.

E is aware of the capital, financial standing, etc. of G because it did not receive the principal and earnings from the Defendant after investing in G at the time.

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