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Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
Reasons
Punishment of the crime
Defendant B, on November 27, 2013, sentenced Defendant B to imprisonment with prison labor for a period of three years and six months for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission in the Circuit Branch of the Gwangju District Court on November 27, 2013, and the judgment became final and conclusive on December 5, 2013.
【Criminal Facts】
Defendant
A around 2013, there is a representative director of F limited liability company E (hereinafter referred to as “F”) and has overall control over the business affairs of E, such as managing officers, employees, and customers, and promoting business plans. Defendant B is a person in charge of the business affairs of soliciting investors and managing investment funds received from investors while working as a management director of the above company.
1. From March 2013, the Defendants’ co-principaled the Defendants with high-profit investors (i.e., (re) establishing a similar receiving company and (ii) raising three times the investment amount. While the facts are difficult to be realized in light of the company’s capital, etc., the Defendants attempted to attract many investors by deceiving them by talking about the investment value, etc. of the said business, etc., and receive the investment money.
The Defendants, as investment funds, did not have any fact that the said company entered into an agreement on the business of H development with the local governments, including Jeonnam-do and Suncheon-si, etc., and the capital possessed at that time is limited to KRW 40 million, and even if they are attracting investment funds from investors under the pretext of the Korea-style Village Development Project, etc., there was no land owned by H, which is the business site, and even if they are attracting investment funds from investors under the pretext of the Korea-style Village Development Project, they would actually have the intention to repay profits to the existing investors in succession, and in fact, they did not have the intent or ability to
Nevertheless, it is not possible.