Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of two years and six months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On July 3, 2009, Defendant B sentenced ten months to imprisonment for a crime of fraud, etc. in the Daejeon District Court Branch of the Daejeon District Court. On February 26, 2010, Defendant B sentenced four months to imprisonment for a crime of fraud at the Daejeon District Court, which completed the execution of the sentence in the Daejeon Prison on September 5, 201.
On September 4, 2014, the defendant was sentenced to 8 months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on the 12th of the same month.
【Criminal Facts】
The Defendants A established a juristic person called the State F on November 27, 2012, and worked as the representative director, and Defendant B as the vice president.
The Defendants conspired to receive money from an unspecified number of unspecified persons for investment in the original farm although they did not have the intent or ability to make investment profits by operating or investing the original farm.
1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission, permission, or registration or reporting under Acts and subordinate statutes shall make an agreement to pay an amount in excess of the total amount of investments in the future without permission, registration or reporting;
around April 2013, the Defendants solicited the victim H to operate the original farm business at the Busan Jin-gu Office. The Defendants recommended the investment to the effect that “F will pay a certain amount of money every day until the amount reaches 120% of the principal.”
On April 6, 2013, the Defendants solicited such investment and received KRW 9,900,000 from the victims as investment money.
From around that time to May 20, 2013, the Defendants received a total of KRW 40,800,000 from the victims in the same way as shown in attached Table 1.
As a result, the Defendants conspired to pay an amount exceeding the total amount of investment in the future and received the investment money without delay.
2. The Defendants were guilty.