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1. Defendant A shall be punished by imprisonment for not less than three years and six months;
Of the facts charged in the instant case, the attached list of crimes (2) No. 377, 377.
Reasons
Punishment of the crime
Defendant
A is the actual operator of E Co., Ltd. (hereinafter referred to as “E”), and Defendant B is the representative director of E who operates E along with Defendant A.
Defendant
A In operating E, a subsidiary company of F Co., Ltd. (hereinafter referred to as “F”), and investing in F-related persons, etc. and F, A intended to make an investment by investing money in “G,” etc., a KOSDAQ-listed corporation, with the said investment money, to pay interest of 1.5 to 30% per month, and to attract investment by explaining the business as if the principal is guaranteed.
1. On December 2015, Defendant A recommended, through its business employees, to the effect that “F is a company investing in the converted bonds (CB) and investing in a large number of KOSDAQ-listed companies, such as G, J, etc., and the subject of investment is limited to the converted bonds and KOSDAQ-listed companies, and the subject of investment has reached the Ethiopipi farm, China, and Vietnam St Holdings business, and it is a merchant bank, thereby paying monthly fixed interest and guaranteeing high profit if it is invested in the 3-month and six-month goods.”
However, in fact, F was not a institution-authorized financial company, but did not have been able to make investments in KOSDAQ-listed companies or related businesses at the time, and it was inevitable to take the method of paying the principal, profits, and various allowances to the existing investors by using investment funds attracting by the next-order investors, and thus, as long as the new investors are not induced, it is not able to pay the agreed high interest rate profits and allowances. Therefore, the victim did not have the intent or ability to pay the agreed principal, profits, and allowances.
Nevertheless, Defendant A, in collusion with F-related persons, etc., deceiving the victim and deceiving the victim on December 2, 2015.