Defendant

A Imprisonment of 2 years and 6 months, Defendant B, C, D, E, F, G and H shall be punished by imprisonment for each of 6 months, and Defendant I shall be punished by fine.

Punishment of the crime

The prosecutor stated in all the facts charged the criminal records that “Defendant C was sentenced to a suspended sentence of two years for a crime of fraud in the assistance in Suwon-dogwon of Suwon District Court on February 4, 2016, and the judgment became final and conclusive on July 22, 2016” (hereinafter “final and conclusive judgment No. 1”) and requested Defendant C to apply “after Article 37 of the Criminal Act, but Article 39(1)” to Defendant C.

However, according to the records, the crime of the first final judgment is related to Defendant C’s fraud on November 15, 2013, and Defendant C may be recognized as a suspended sentence of one year after being sentenced to a two-year suspension of execution on December 30, 2014 due to the crime of re-use of electronic records, etc. in the Pyeongtaek District Court’s Pyeongtaek site, which was later committed by the Defendant C, on December 30, 2014, and the said judgment became final and conclusive (hereinafter “second final judgment”).

Therefore, the facts constituting the crime of the first final judgment are one of the concurrent crimes between the final judgment and Article 37 of the Criminal Act. The facts constituting the crime in the judgment cannot establish the concurrent crimes between the final judgment No. 1 and Article 37 of the Criminal Act (see Supreme Court Decision 2014Do469, Mar. 27, 2014). Thus, the facts constituting the final judgment No. 1 do not state them as the criminal records of Defendant C, and Article 37 of the Criminal Act does not apply to Defendant C, provided that Article 39(1) does not apply.

1. Defendant A, B, C, D, E, F, G, and H’s joint crimes took overall charge of the business affairs of each of the above companies as the Seoul Songpa-gu Seoul building, N’s representative director’s interest on the 5th floor Seoul O, N’s representative director, and I’s representative director located in 505. Defendant B, as the president of the above company, and Defendant C, as the vice president of the above company, were in charge of the business division management and investor recruitment and management. Defendant D was in charge of the above company’s business division management and investor recruitment and management as the vice president of the above company. Defendant E was in charge of the above company’s business division management and investor recruitment and management. Defendant E was in charge of the above company’s welfare as the management director. Defendant F was in charge of the headquarters, Defendant G was in charge of the 2nd headquarters, and Defendant H