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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is each of the representatives of “J”, “K”, and “M”, a similar recipient company, and Defendant B is the representative of “M”. Defendant B is the representative of “M”.
No one shall agree to pay the full amount or excess amount of the investment money in the future without obtaining authorization, etc. under Acts and subordinate statutes, and similar receiving money, etc. from many and unspecified persons for the purpose of making investment money, etc.
1. Defendant A
A. Since July 2013, 2013, when the Defendant was operating the “O Mart” located in Goyang-gu N, Seoyang-gu, Yangyang-si, and the Defendant agreed to transfer the Mart to P around November 2013. Since around January 2014, P did not have funds to pay the aforesaid Mart, and since January 2014, P began with the operation of the Mart and planned to receive a high rate of money by creating a large amount of profit from the said Mart-related business, in collusion with P, as there were lack of funds.
However, in fact, Defendant 1 had no intent or ability to pay the agreed high-rate profits to investors because it is difficult for them to make any profit by comparing the above operational performance, and even if they receive an investment from investors, it is inevitable to take a method of repaying the principal and profits to the existing investors with the investment funds attracting by the next-class investors. Thus, insofar as a person who has continued to make a new investment is not induced, it is anticipated that the financial foundation would not be able to pay the agreed high-rate profits to investors.
Nevertheless, the Defendant, in collusion with P without obtaining authorization or filing a registration report with respect to the similar receiving business, in collusion with P on March 12, 2014, at the investment office of the Seoul Special Metropolitan City Q Building B, No. 1604, Seoul Special Metropolitan City Q Building B, P is the victim.