The defendant shall be exempted from punishment.

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Eastern District Court and a imprisonment of two years and six months for fraud, and the judgment became final and conclusive on February 21, 2014.

The Defendant is a person who served as the representative director of C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) from June 201 to June 22, 2012.

On March 2012, the Defendant recommended the victim F to make an investment in the office of the Defendant Company located in the fourth floor of Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government DD building”) to the effect that “The Defendant Company is engaged in the business that generates profits by purchasing non-performing loans from the Korea Asset Management Corporation or the Bank; it may return the principal and interest at 20% per annum after one year; and if it invests more than 60 million won in the Defendant Company, it may pay each month by dividing the interest expected to be paid at once after one year.”

However, the defendant company did not have special assets, and the debt collection business promoted by the defendant collected non-performing loans from the financial rights, etc., and there is little possibility that the defendant would make profits from the collection, such as the collection of non-performing loans without any business experience related to the defendant. Since the loan business operated by the defendant is limited to the investment funds of the investors, the loan business operated by the defendant is made only with the investment funds of the investors, it is not possible to pay profits within the agreed period even if it receives investments from the investors, and it is difficult to pay profits within the agreed period, and it is weak to pay profits to senior investors for the repayment of the principal and interest of the investment, such as operating the business in a way

Therefore, the defendant did not have any intent or ability to continue to pay the agreed profit to investors, including the victim, or to repay the principal.