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Defendant
A Imprisonment for five years, and Defendant C corporation shall be punished by a fine of 20,000,000 won.
Defendant
C. Stock Company
Reasons
Punishment of the crime
"2014 Highest 4"
1. Defendant A
(a) No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission from the authorities shall engage in the business of raising funds from many and unspecified persons under the pretext of investment, etc. under the agreement to pay the total amount of investments or an amount in excess thereof in the future;
Nevertheless, on January 20, 2009, the Defendant, without the authorization or permission of the authorities, ordered an investment solicitor, M, N,O, P, Q, R, T, U, X, Y, X, Y, AA, AAB, AC, AE, AE, AE, AF, AH, AI, and AJ to receive investment funds at the office of the Co., Ltd. located in the 7th floor of Daegu-gu building B, Daegu-gu, Seoul, without obtaining authorization or permission from the authorities, and explained on January 2009 that "if M makes an investment of KRW 500,000 won in operating the stock futures option loan account business, the company will take profits from the bond purchase and loan account business. Accordingly, the dividend payment at the rate of 12% per annum (1%) is paid, and return the principal at any time when the dividend expires or the principal is returned finally at any time."
From June 3, 2013, the Defendant received KRW 11,584,100,000 in total from AK to June 3, 2013, including the receipt of KRW 10 million on the same day under the name of business investment in stock option lending accounts.
B. In fact, even if the Defendant received money from investors of C&C for investment in the futures option loan account, he/she did not intend to invest the total amount of investment received in the lending account business, and even if he/she did not have an intent to pay 1% dividends every month on the condition that principal is guaranteed to investors, he/she invested in the lending account or guaranteed the principal by using the investment solicitor’s office in Daegu-gu AL201-A Co., Ltd. on January 22, 2013.