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(영문) 부산지방법원 2017.02.08 2016고합98
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for seven years.

2. Defendant B shall be punished by imprisonment for four years.

3. Defendant C.

Reasons

Criminal facts

1. Defendant A is the representative of Q Q (hereinafter “ Q”) located in Busan Shipping Daegu P1201, and Defendant B is the managing director of Q Q.

Q refers to ① R, 2S, T, 4U, 5, V, W, 7W, coffee shop 8, coffee shop 8, Z group, and 69 direct offices established, operated or prepared for operation throughout the country, such as Seoul, Busan, Incheon, Daegu, Gwangju, and Gyeongnam.

Defendant

A around 208, around 1008, around the name of "R" in Busan Dongdong-gu and the Blue-gu, the store was operated by around 10, the Defendants established and continued to operate AA around April 28, 2010 (the representative of AB, the actual operator of AB, the address of the Defendant: 605 Dong-gu Seoul, the address of the headquarters: hereinafter referred to as "AA"), and around January 27, 201, a corporation was established (the representative of C or D) with the trade name "AD" (the representative of C or the actual operator of C, the address of the Defendant, and the head office of Busan Daegu AE -804) with the name of "AD", and thereafter, the Defendants changed the name of the representative of Q (the representative of the Defendant) and operated it up to the present day around November 23, 2012.

On the other hand, although the Defendants used the sales incurred in operating Q 69 units, Hague shop, coffee shop, and clothing shop for 69 stores, monthly salary for employees, material costs, etc., the Defendants would pay dividends to the investors as profits generated from 69 stores, and operate Q Q in the manner that the investors would pay dividends to the investors by continuously receiving the investment money and pay dividends to the investors, even though they could not pay dividends for the investment amount if they were to use the sales incurred in operating the 69 stores, he shall return the principal amount to the victims at any time, and the principal invested shall be returned to the victims at the time of the request for return of the principal amount.

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