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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
Defendant A of "2016 Highest 437" was the E's representative director located in Ansan-si D Building 504 from December 4, 2014 to August 10, 2015, and Defendant B is the head of E.
On the other hand, from around 2011, Defendant A operated F Co., Ltd., a distribution company of chickens.
1. On November 201, 2014, the Defendants established an organization “F” by accessing Kakao Stockholm via a mobile phone at the Seocho-si, Seocho-si, an early 2014, with a view to making an investment of KRW 110,00,00,000, the Defendants may be entitled to membership qualification and receive dividends of KRW 550,00,000,000 after 30 days.
The Kakao Stockholm posted a notice to the effect that “,” and the victim H, who reported and contacted, explained the same purport as the above Kakao Stockholm, and recommended investment.
However, in fact, the Defendants did not secure at all the place where they sold chickens, and only the sale of chickens does not bring about 5 times the profit at 30 days only, so the structure was that the Defendants had to receive a new investment fund and pay the dividend in such money, so there was no intention or ability to pay the dividend normally to investors.
Ultimately, the Defendants conspired to induce the victim, and received KRW 110,00 from the victim to the Agricultural Cooperative account in the name of F Co., Ltd. on November 26, 2014, and received KRW 110,000 from the time to January 6, 2015, and received KRW 2,10,000 from the time to January 6, 2015, by using the “E” group as shown in the [Attachment] List of Crimes (1) and the “Kakao Group,” a mobile community site, thereby promoting investment, and received KRW 33 times in total.
2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in the business of receiving contributions from many and unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, permission, making registration, etc. under such Acts and subordinate statutes;