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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power and Status] The Defendant was sentenced to two years in Seoul High Court on April 13, 2012 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on July 26, 2012, and the judgment was finalized on July 26, 2012, and was the president of the company D with the eighthth floor of Seoul Gangnam-gu Seoul Building Co., Ltd
【Criminal Facts】
Around January 2009, the Defendant began to operate the said corporation D, and imported 66 air conditioners from the U.S. E company, but failed to properly establish sales networks and human and physical organizations necessary for A/S, thereby failing to commence the sale of air conditioners, which led to financial difficulties.
Accordingly, the defendant received funds from the neighbors and received them as business funds.
On April 21, 2010, the Defendant, at the foregoing D office, concluded on April 21, 2010, to the victim F, who was known to the general public, that “if an investment of KRW 200 million is made, an investment of KRW 200 million shall be made by importing the coolant with such money and including the principal within three months, thereby allowing at least 2% of the monthly revenue to be received. The Defendant shall be made in the name of the Party, and the said coolant shall be made as security.” The Defendant received a delivery from the victim on April 21, 2010.
However, in fact, even if the Defendant imported the coolant as above, the Defendant did not possess the sales network and the human and physical organization for the ex post facto repair, so there was no ability to pay the victim profits within three times the amount of money by using the cooling, and there was no intent to provide the said imported coolant as security for the victim’s investment funds in accordance with the agreement. The Defendant had the owner of the imported coolant under the name of the Defendant’s employee G, but actually did not sell the said imported coolant to the demand unit, such as the department store.