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Defendant
A shall be punished by imprisonment with prison labor for ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 4, 2009, Defendant A was sentenced to two years of imprisonment for a crime of fraud and a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Eastern District Court on December 12, 2009, and the above judgment became final and conclusive on December 12, 2009. On December 23, 2010, Defendant A was sentenced to six months of imprisonment with prison labor for embezzlement in the same court on September 29, 201.
【Criminal Facts】
1. From August 29, 2007 to August 2008, Defendant A explained to investors in G Office located on the second floor of the Seoul Songpa-gu Seoul FF building in the form of “the creation of high profits if it invests in M&A and capital increase with promising companies in the stock market,” five million won as one unit, and 17% dividends per month depending on the amount of investment, and 15% out of the said dividends shall be paid to investors, and 2% shall be paid to the directors who recommended investors, and if the agreed period (2-month-12 months) arrives, the principal and finalized interest shall be paid to the directors who recommended investors, and if a member recommends investors, 9% of the investment amount shall be paid to the directors as a recommendation, and 0.5% of the investment amount shall be paid to each director as sales allowance.”
However, in fact, there was little business performance such as investing in corporate M&A and capital increase increase with money received from other investors, and thus, if there was no continuous investment, it was impossible to pay the principal and allowances to investors.
As such, Defendant A, by deceiving the victim H, was obtained from the victim on May 27, 2008, KRW 20 million, and KRW 40 million on June 24, 2008, respectively, and acquired it by deception.
2. around August 2007, Defendant A established and operated Company G for the purpose of corporate financial consulting business. On July 2007, Defendant A developed 3.0 lusium products of the U.S. language server, a global Internet video server, as software developer, to investors, including Defendant H, in early July 2007.