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(영문) 대구지방법원 김천지원 2017.08.22 2017고합67
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Criminal facts

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), along with C, D, and E, operated the “F club” as an illegal similar recipient company.

In the above club, the defendant provided an office and held a business explanation meeting, and C took charge of the preparation of an investment agreement and the payment of dividends, and D took charge of investment affairs, such as foreign exchange and stocks, etc., and E was in charge of the affairs of dealing with investors by opening an account and receiving remittance of investment funds.

In fact, “F club” was an individual enterprise that started without capital with C, etc. in the state of bad credit standing.

Although the above club has claimed a business to create profits through exchange rate marginal profits through direct transaction of foreign exchange, since there was no professional fund manager and it was impossible to predict the change in exchange rate, and the success in the investment has been unclear. Therefore, even if the investors received an investment from investors, it is difficult to set up profits within a short period, and it was not possible to use the investment funds received from the priority investors for the repayment of principal and interest, and it was eventually impossible to operate the business in the so-called “return prohibition” manner to repay dividends to the existing investors by using the investment funds received from the priority investors. Ultimately, as long as the new investors are not invited, there was no intention or ability to pay profits normally to investors, such as the possibility of not paying high-rate profits agreed upon to by the investors.

Nevertheless, the defendant, in collusion with the above C et al., intended to receive money from many unspecified people for investment purposes by pretending to create enormous profits in foreign exchange transactions.

Defendant in collusion with the above C and D, and habitually from January 7, 2008 to October 31, 2008, the H office, etc. located in Gumi-si G.

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