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The Defendants are not guilty.
Reasons
1. On September 8, 2017, Defendant A was sentenced to imprisonment with prison labor for one year and two months at the Cheongju District Court for fraud, and the judgment became final and conclusive on February 2, 2018.
【Criminal Facts】
Defendant
A is the representative director of C, and the actual operator of D, and Defendant B is the representative director of D, and the Defendants established the above D on January 11, 2013, and around January 2015, five gablings growing facilities were installed in the land located in Jincheon-gun, Jincheon-gun, Chungcheongnambuk-do.
around May 2015, the Defendants sought explanations from G, a director of the said D site office in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendants conspired to receive investments from the victims after finding the Defendants and asking the Defendants about their projects.
At that time, the Defendants would have paid KRW 300,000 per month from the proceeds of investment by extending facilities if they invested KRW 50,000,000 for the extension of mushroom cultivation business in D. In addition, if they borrow KRW 100,000 as collateral and invest KRW 50,000,000 as collateral, the amount of interest on KRW 100,000 borrowed as collateral will be paid instead of interest on KRW 100,000. In addition, if there is only real estate registered in the name of a juristic person, it would be possible to receive KRW 60,00,000 from KRW 60 to KRW 70,00 as low-income policy funds. It would be possible to transfer the forest land in the name of a juristic person under the name of D. It would be immediately paid KRW 150,000 with low-income policy funds, and the remaining amount would be calculated as the investment in D and paid additionally
However, in fact, the Defendants did not have actual experience in growing mushroom, and did not have any profits from the mushroom cultivation business, and were operating with the investor’s investment deposit as a so-called “commencing” method that pays profits to other investors, and thus, even if they received an investment from the victims, they are promised to the victims.