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Defendant
B Imprisonment for two years, for one year and six months, for Defendant A, and for one year and one year, for Defendant C, respectively.
(b).
Reasons
Punishment of the crime
[former Fact-finding] Defendant B, Defendant A, and E are the members of “F,” a business entity specializing in investment in futures trading, from April 2008 to November 2008, in charge of inducing investors and operating investment funds, the representative G of the company is bound and the organization becomes too excessive, and they are not able to pay confirmed earnings and guarantee of principal to investors in a futures trading investment method.
Nevertheless, around 2011, Defendant B, etc. re-established an existing organization and established a “F” with the same trade name and business method. Defendant B, as the representative of the company, decided to manage and operate investment funds; Defendant B, as the director of the branch; Defendant B, as the director of the branch; and Defendant A, as the director of the branch, agreed to perform the business of investment funds use and futures trading; Defendant C, as the investor solicitor, agreed to pay a high rate of profit and payment.
【Criminal Facts】
1. The joint principal offender of the Defendants shall not engage in the business of receiving investments under the provisions of finance-related Acts and subordinate statutes, or under the agreement to pay the total amount of investments or the amount in excess thereof from many and unspecified persons in the future without obtaining authorization or permission, or making registration or report;
Nevertheless, the Defendants agreed with E to guarantee high-rate profits and the payment of principal through investment in futures trading without authorization, permission, registration or report under the laws and regulations, and agreed to attract investment from many unspecified investors.
The Defendants, in collusion with E on August 10, 2012, proposed that the “F office located in the Busan Shipping Daegu H and I” company in the Busan Shipping Daegu and I, “I will pay 3% of the investment amount as monthly income through investment in futures trading in linkage with the COS index if the Defendants make an investment in our company, and guarantee the payment of principal.”