beta
Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of five million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
C is the actual representative director of Gangnam-gu Seoul Metropolitan Government DD Building 605, Inc., Ltd., which is established for the purpose of processing agricultural, livestock and fishery products, and the distribution, sale, etc. of freezing foods, and Defendant B is the E director, and Defendant A is the head of the EPo Port Center, Inc., Ltd., the Nam-gu, Seoul.
From Jun. 2011 to Nov. 7, 2011, the Defendants stated as follows: “A Co., Ltd. E is a company which slaughters imported beef and swine meat in the office of the above E-Posing Center, and is a good company that pays a large amount of profits from wholesale sale of meat, and is receiving an investment in order to import and slaughter meat. The Defendants made an investment in the amount of KRW 600,000 won per old unit. In investing in the amount of KRW 600,000,000, the company will bring about KRW 100,000,000, and the amount of dividends for KRW 500,000,000 per day until KRW 230,000 per day.”
However, the Defendants did not have any profit-making business in progress, and there was no intention or ability to pay dividends regularly even if they received investments from investors as above, because they did not have any profit-making business.
Ultimately, in collusion with C, the Defendants deceptioned the victim H in the above manner, and received KRW 3 million from the victim around September 7, 201, from the victim, from around November 7, 2011, the Defendants received total of KRW 123,820,000 from investors and received KRW 123,820,000 from the investors, such as the attached crime list, from around November 7, 2011.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of Defendant A by the prosecution;
1. Each police statement to G, I, J, H, and K;
1. Each specification of transactions and each specification of transactions;
1. Financial data, including a balance sheet, a balance sheet, and an application for transactions;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 347(1) of the Criminal Act as to the facts constituting the crime