beta
Text
No. 1-A of the judgment of the defendant;
(b) the Commission;
SECTION 1-C of the Decision, 4 months of imprisonment, with prison labor, for each of the crimes listed in paragraph 3;
Sub-paragraphs 2 and 4.
Reasons
Punishment of the crime
"2013 Highest 1632"
1. On November 18, 2009, the Defendant was sentenced to one year and six months to a violation of the Act on the Regulation of Fraud and Conducting Fund-Raising Business without Permission at the Busan District Court on November 26, 2009, and the above judgment became final and conclusive on November 26, 2009. On January 18, 2010, the above judgment became final and conclusive on April 12, 2010, on which the said judgment became final and conclusive on August 13, 2010 during the execution of the sentence and paroled on September 4, 2010, and had the same criminal records more than twice during the execution of the sentence.
On October 22, 2007, the defendant against the victim C is manufacturing and selling the energy saving device that saw fire in the name of the non-permanent office next to the Busan High-dong, Busan High-gu, Busan High-dong, and in the name of the victim C, the victim C is a well-run business. If the project is being implemented, the defendant would pay dividends 20,000 won each day except Saturdays and Sundays, and would pay the investment principal.
However, in fact, although the Defendant manufactured and sold energy-saving machinery, there was no fact that it actually produced and sold it, and there was no obvious business profit from the above business, and even if the Defendant received investments from investors, such as victims, etc., the Defendant had no ability to use the investment money in a short period to rapidly increase profits within the short period, and thus, there was no choice but to take a method of repaying the total amount of investment money or the amount in excess thereof to the existing investors by using the investment money attracting from subordinated investors. As long as the new investors continued to increase the supply of profits, such as inducing existing investors to re-investment and receiving investments again, it is anticipated that the agreed high-rate dividends should not be paid, and thus, the investment principal as well as the investment dividends should be paid to the victims and other investors.