A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

B(Representative C, hereinafter referred to as "B") is a corporation for the purpose of selling clothes in Gwangjin-gu Seoul Special Metropolitan City, and E is the chairperson of B, and F is the executive director in charge of raising investment funds in B.

E ordered F to select staff members to raise funds required in B from around 2013, F was employed as an employee in charge of collecting investment funds from the existing investors in B, and the Defendant worked as an employee in charge of raising investment funds in B from September 2013.

E agreed to pay 7% of the investment amount to the employees in charge of raising investment funds, including the Defendant, as an allowance, but the Defendant was not paid an allowance for attracting investment from the end of December 2013, but due to the circumstances, B could not pay dividends to the investors due to the investment amount solicited by the business manager. Accordingly, upon receiving an order from the first investor to pay dividends from the investment amount solicited by the first investor, the Defendant became aware of the fact that the financial status of B is not good at that time, and that the first investor was paid dividends from the investment amount solicited by the second investor.

On January 26, 2015, the Defendant is a corporation that sells clothes, etc. through home shopping to the victim I even though B had no ability to pay dividends to investors. However, even though B had prevented return of investment funds at the time, the Defendant was a corporation that sells clothes, etc. through home shopping.

E In the home shopping side, it is possible to earn a fixed amount of profit every month if E purchases goods at a container and makes an investment in the home shopping market by selling goods at a container.

For one year after investment, 5% of the monthly investment amount shall be paid as profits, and when the investment amount is recovered within one year, the principal shall be refunded after deducting the above profits, and when the return of the investment amount is requested after one year, the principal shall be returned after three months.

If it is impossible to return.