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Defendants shall be punished by imprisonment for six months.
However, from the day this judgment became final and conclusive, the Defendants are above one year each.
Reasons
Punishment of the crime
[criminal records] On November 21, 2014, the Defendants were sentenced to two years of imprisonment with prison labor for Defendant A and six years for Defendant B, respectively, and the judgment became final and conclusive on October 15, 2015.
[Criminal facts] Defendant A was the chairman of the E Agricultural Partnership, and Defendant B was the representative director of the said Agricultural Partnership.
The Defendants, at the 6th floor E office of the F building in Gwangju-dong-gu, Gwangju, the victim D and the victim C, through the head of the public relations team G and the promotional personnel H, etc., in early July 2012, the Defendants are likely to import pigs if they make an investment in the E farming association.
If an investment is made in 300,000 won per old unit, the principal shall be returned after 7 months, and the profits shall be calculated and paid 2.5% per month.
The phrase “ makes a false statement.”
However, the fact that the project was planned as a whole and was operated and paid dividends.
At this time, I did not communicate with the victims, and there was no intention or ability to pay the principal or interest at a high rate of investment to the victims, even if I received money from the victims for the purpose of investment, since the payment of dividends and principal for existing investment funds has been suspended, and even if I received money from the victims for the purpose of investment, there was no intention or ability to pay the victims the principal or interest at a high rate of investment with the proceeds after purchasing and raising pigs.
Nevertheless, the Defendants conspired to induce victims as above and acquired the total amount of KRW 80 million from the victim D on July 3, 2012, including KRW 60 million from the victim C and KRW 66 million from the victim C on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A copy of an investment certificate or check;
1. Investigation report (to hear statements by telephone from complainants);
1. Application of Acts and subordinate statutes of a copy of judgment A, B, etc.;
1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Articles 347(1) and 30 of the Criminal Act (Punishment of imprisonment).