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(영문) 서울중앙지방법원 2020.06.17 2020고단1590
사기
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Criminal facts

[criminal power] On May 28, 2019, Defendant B was sentenced to six years and ten months in Seoul High Court to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the judgment became final and conclusive on August 30, 2019.

【Criminal Facts】

around March 2014, the Defendants established a joint stock company C (hereinafter referred to as “C”) with the aim of attracting investment funds from many unspecified persons and investing in stock-related goods, and established the office in Seocho-gu Seoul Metropolitan Government D D D Building E, and operated the office on the 12th floor of Gangnam-gu Seoul Metropolitan Government G Building. Defendant B is the representative director of each of the above companies, and Defendant A was in charge of managing the investment fund as a regular business.

The Defendants, by employing a number of investment solicitors, intended to attract investment money and acquire it through fraud by explaining that “if they make an investment in C, etc., they will pay high-rate dividends to investors with the proceeds obtained through investment in stock option products.”

On March 2014, the Defendants introduced the goods “I” from the said C Office to many unspecified persons, such as the victim H, through an investment solicitor, and made a false advertisement as “I” with the content of “I return of the invested principal by making it known to the customers at a rate of 24% of annual rate of return per annum of the industry, i.e., stable rate of return rate of return, 24% per month, i.e., stable rate of return rate of return per month.

However, in fact, the Defendants had been well aware of the fact that the cumulative loss from the initial date of the operation of the investment fund to March 2018 reaches about 11.5 billion won, and the fake HTS program and a false return rate.

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