2014 Highest 336,3810 (Joint), 913 (Joint), 2015 Highest 3357 (Joint)

(a) Fraud;

B. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission

(c) No height;

(d) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

2015 initially 416 Application for a compensation order

2015 early 1540 Application for a compensation order

1.(b)(d) A

2.(a)(d) B

3.D. C

The jury, Kim Young-nam, the largest glass (each indictment), the Han-dong, and the Lee Dong-gu (each public trial)

Attorney D, E (private election for Defendant A)

Attorney F, G, and H (private ships for Defendant A and C)

Law Firm I (the defendant B, the defendant C)

Attorney J, K, L in charge

The amount of claims by the designated person and each selected person shall be as specified in the attached Form.

December 10, 2015

Defendant A’s imprisonment with prison labor for six years, and for one year, and for six years, and for six years, and for eight months, respectively, of imprisonment with prison labor for the remaining crimes as stated in the judgment, against the crime of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment (2014Da9113) in the judgment of Defendant B.

The penalty of KRW 1 billion from Defendant B shall be additionally collected.

An application for compensation by an applicant for compensation shall be dismissed.

Criminal facts

[Defendant B and C’s criminal records] On October 20, 209, Defendant B sentenced 4 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on October 20, 2009, and the judgment became final and conclusive on January 28, 2010 and completed the execution of the sentence on October 8, 2012.

On October 31, 2014, Defendant C was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Busan District Court, and the judgment became final and conclusive on July 9, 2015.

2014 Highest 336: Defendant A

1. Fraud;

The defendant was established and operated substantially by his father, and as the head of the management office of MAC (hereinafter referred to as "FF") that is an organization with a branch in Busan, Changwon, Port, Daegu, and Seoul, the head of the management office of MAC (hereinafter referred to as "FF") who is an organization with a branch in Busan, Changwon, Daegu, etc., controlled the investment from investors in the farming association and the dividends paid to them. 0 P is a promoter and the representative director of the farming association. P is established in the same place as the above farming association in order to disguise that the above B would lead to the purchase and sale of all mushrooms cultivated by the farming association as promoters of the farming association, and P is a representative director of QP Co., Ltd. (hereinafter referred to as "P") who is a nominal corporation in the name of the head of the bank in the name of the corporation, etc., and R plays the role of establishing the original branch of the farming association as promoters of the farming association.

On September 2013, 2013, the head of the Changwon District of the Agricultural Cooperative, S, the head of Changwon-si, the Changwon-si, the Changwon-si Office of the Agricultural Cooperative 401, “A farming cooperative owns a mushroom farm under the Chungcheongnam-do, grow mushrooms, and distribute the mushrooms to the Republic of Korea, and finally gain profits from the investment of the victim U.S. at the office of the Changwon-si, the Changwon-si, the Changwon-si Office of the Agricultural Cooperative 401. The false end was that “A farming cooperative will pay dividends of 86% per annum a month after the expiration of the 36-month period.”

However, the above farming association is operated in the form of payment of 8% monthly dividends among its members by dividing its members into five different levels of investment by 10,000 won (10,000 won or more), VIP-affiliated members (10,000 won or more), outstanding associate members (30,000 won or more), and preferential associate members (30,000 won or more), and if the investors raise new dividends from 1,85,00,000 won or more to 3,000,000 won and less than 1,30,000,000 won and less than 5,000,000 won and less than 5,00,000 won and less than 1,350,000 won and less than 5,00,000 won and less than 1,000,000 won and less than 5,000,000 won and more than 5,000,00 won, out of the above 5, no more than 5, more than 3.

Nevertheless, in collusion with B andO, the Defendant: (a) by deceiving the victim U as above; (b) received KRW 31 million in total from the victim to September 30, 2013 in the name of the said agricultural cooperative from the victim to September 30, 2013; and (c) received KRW 11,681,00,000 in total from September 13, 2013 to April 15, 2014 by means of the same method as indicated in the attached crime list (excluding No. 1077).

2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

No person shall engage in an act of fund-raising business without obtaining authorization or permission, making a registration, making a report, etc., and promising to pay the total amount of investment or an amount in excess thereof in the future and engage in any fund-raising business from many unspecified persons.

Notwithstanding this, on September 19, 2013, in the office of the Changwon Branch of the said Agricultural Cooperative, the said S explained that “AF may own a mushroom farm in Chungcheongnam-do and grow mushroom and finally gain high profits from distribution across the country.” The said S agreed to make an investment of KRW 1,00,000 per unit of investment, 36 months after the maturity of 36 months and 8% per month to pay dividends of KRW 96% per annum.” Under the foregoing condition, the said S agreed to receive a total of KRW 31,00,000 from U to September 30, 2013 for four times in total, from around 19, to around 10, 2013 to around September 30, 2013, the Defendant received a total of KRW 1,00,000 from many and unspecified investors in the following order from around 10, 201, 14, 15,013 to September 14, 2013.

2014 Highest3810. Defendant B

1. Fraud;

The defendant was established and operated in early September 2013 by establishing and operating MFF, a fund-raising organization with branches in Busan, Changwon, P, Daegu, and Seoul (hereinafter referred to as "agricultural cooperative"), and designed dividends, marketing materials, etc. according to the investment, and explained the investment in the explanation meeting at the meeting for investment. A, the defendant, as the head of the management office, was instructed by the defendant at a confidential office located in 401, Busan, under the direction of the defendant, to manage the investment from the investors of the agricultural cooperative through X andY, the accounting staff, and the dividends paid to them. P recruited the investors as promoters of the agricultural cooperative and the representative director of the agricultural cooperative. P, the defendant was established in the same place as the agricultural cooperative, and the head of the management office of the above A, who is the defendant, established the PFF under the name of the principal director of the agricultural cooperative, who is the representative director of the agricultural cooperative, with the title of the PFFF, the head of the agricultural association in Busan, with the title of each member of the agricultural cooperative.

On September 2013, 2013, S of the Changwon Branch of the Agricultural Cooperative, the head of Changwon-si, the Changwon-si, the Changwon-si Office of the Agricultural Cooperative Co., Ltd. concluded that “A farming cooperative owns a mushroom farm under the Chungcheongnam-do, grow mushrooms, and distribute it to the Republic of Korea and finally gain profits from the distribution of the forest.” If a cooperative invests KRW 1,00,000 per one unit of the farmland, the principal of the investment will be guaranteed without a timation and paid dividends of KRW 86% per annum per month after the expiration of 36 months.”

However, the above farming association is operated in the form of payment of 8% monthly dividends among its members by dividing its members into five different levels of investment by 10,000 won (10,000 won or more), VIP-affiliated members (10,000 won or more), outstanding associate members (30,000 won or more), and preferential associate members (30,000 won or more), and if the investors raise new dividends from 1,85,00,000 won or more to 3,000,000 won and less than 1,30,000,000 won and less than 5,000,000 won and less than 5,00,000 won and less than 1,350,000 won and less than 5,00,000 won and less than 1,000,000 won and less than 5,000,000 won and more than 5,000,00 won, out of the above 5, no more than 5, more than 3.

Nevertheless, the Defendant: (a) conspired with A,O, etc. in sequential order; (b) by deceiving the victim U from September 19, 2013 to September 30, 2013, the Defendant received a total of KRW 31 million from the victim to the Agricultural Cooperative’s deposit account (W) in the name of the said Agricultural Cooperative; and (c) obtained a remittance of KRW 11,681,00,000 in total from September 13, 2013 to April 15, 2014 by the same method as indicated in the attached crime list (excluding No. 1077).

2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

No person shall engage in an act of fund-raising business without obtaining authorization or permission, making a registration, making a report, etc., and promising to pay the total amount of investment or an amount in excess thereof in the future and engage in any fund-raising business from many unspecified persons.

Nevertheless, on September 19, 2013, in the office of the Changwon Branch of the said Agricultural Cooperative, the said S explained that “AF may own a mushroom farm in Chungcheongnam-do and grow mushroom and distribute it to the Republic of Korea, and finally gain high profits. If it invests KRW 1 million per unit, it shall be ensured that the principal of the investment will be guaranteed without any framework and shall be paid 8% per annum of 96% per month after the maturity of 36 months.” Under the foregoing condition, the said S agreed to receive an aggregate of KRW 31 million from U to September 30, 2013 for four occasions in total from around September 19, 2013 to around September 30, 2013, the Defendant received the total of KRW 30,000 from the said U to the said Agricultural Cooperative Deposit account (excluding No. 1077), from around 10, 2013 to September 14, 2013; and thus, the Defendant received the total amount of money from an unspecified person from the Defendant.

“2014 Highest 9113: Defendants

Defendant B, while operating AB, a foreign exchange futures company, 301, Busan Jin-gu AA building 301, received money and valuables from investors as investment funds from around January 15, 2008 to October 22, 2008 without obtaining authorization and permission, and received money and valuables from investors, and received money and received them without any intent or ability to make profits even after receiving investment funds, and acquired them by deception through 165,650,00,000 won through 30,091. As stated in the previous record, Defendant B was sentenced to imprisonment with prison labor for the above crimes due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive.

around September 208, Defendant B instructed Defendant C to lend the above company accounting staff X account in order to trace and avoid seizure of the money acquired through the above information at the above AB office.

Defendant C, according to the above instruction, the above X’s passbook (AC) and seal were sent from the above X to the above B, and Defendant B, who received this order, deposited KRW 1,231,026,315,000 from September 24, 2008 to October 15, 2008 the total amount of KRW 48 times to the Agricultural Cooperative Account under X’s name. Defendant B, upon request for detention warrant on October 8, 208 due to fraud, instructed the above X to exchange funds stored in the above X’s account with checks. Defendant C received KRW 978,80,000,000 from the above account and received KRW 71,20,000,000 from the above account and deposited KRW 50,000,000,000,000 from the total of KRW 1,50,000,000,000 from the above account to the Busan District Court.

As a result, the Defendants conspired to commit the crime of KRW 1 billion, which is part of the funds that Defendant B had operated and acquired by deception, was pretended to acquire criminal proceeds as if they were not related to criminal proceeds. “The 2015 Highest 3357.: Defendant A

On January 8, 2015, the Defendant drafted a false complaint against AE and AF on an empty site for the purpose of having the complainant punished, with the intention of having AE and AF receive criminal punishment. The complaint was filed with the purport that “AF, which was known as a result of the introduction of AE, has lent KRW 1 billion to the MU, the complainant, who served as the chief operating office, and has paid KRW 1 billion in full to the complainant. Accordingly, the amount of KRW 1 billion was paid to the complainant. Accordingly, the establishment registration of a mortgage for AF amount of KRW 1.5 billion on the 14th parcel of land, such as Boh City AG 263m square meters, which is the property of the union. However, the above AF paid KRW 1 billion to the obligee AE of the complainant, unlike the promise, thereby deceiving the complainant and acquiring pecuniary benefits equivalent to the security value.”

However, in fact, the defendant borrowed KRW 1 billion from AF on December 2, 2014, and the defendant paid the above KRW 1 billion to AE and agreed to use the above KRW 1 billion to pay the existing debt owed to AE, and there was no fact that AF made a direct payment to the defendant.

Nevertheless, around January 8, 2015, the Defendant submitted a written complaint to the Busan-do Busan-dong, Busan-do-dong, and made a statement to the same effect on February 6, 2015, and rejected AE and AF.

Summary of Evidence

[2014 Highest 336]

1. The defendant A's partial statement

1. Each statutory statement of the witness, AH, AI, AJ, AK, AL, AM, AO, AP, and Q;

1. Each police statement made to X, AR, and AP;

1. Each protocol of seizure and all matters to be registered;

1. Each report and accompanying document (No. 35, 51 through 55, 80, 81), each investigation report and accompanying document (No. 35, 51 through 54, 64, 76, 77, 105, 106, 111, 112, 115, 116, 127 through 129, 150 through 153, 166, 166-1, 169, 169-1, 171 through 172-10)

1. Defendant B’s partial statement

1. Each statutory statement of the witness, AH, AI, AJ, AK, AL, AM, AO, AP, and Q;

1. Statement by the prosecution against AP;

1. Each police protocol on X, AR, AP, AS,T, and AU;

1. Each protocol of seizure and all matters to be registered;

1. Each internal investigation report and accompanying documents (No. 35, 4, 70, 71, 72 through 75, 80, 81), each investigation report and accompanying documents (No. 35, 51 through 54, 64, 71-1, 71-2, 76, 77, 104, 105, 111, 114 through 122, 133 through 136, 149 through 162, 165, 169 through 174, 176 through 181, 192-8 through 192-1, 198 through 205, 210 through 213-1) / [Attachment 2013];

1. Defendants’ partial statement

1. Each prosecutor's protocol of interrogation of the Defendants (No. 88, 92 No. 1)

1. Statement by the prosecution against X and the defendant B (No. 46,84 No. 46);

1. Investigation report (No. 66,85) (No. 2015 highest 3357);

1. The defendant A's partial statement

1. Each legal statement of the witness AE, AF, and AV;

1. Statement by the prosecution concerning AV;

1. Determination of the issue at issue on the complaint, the copy of the register, each investigation report, and attached documents (No. 10 through 16, 18, 27, and 32) 1. The defense counsel asserts that the agreement of December 9, 2014 (hereinafter referred to as the "agreement of this case") was prepared in the form of document to be used for submitting the police station in the case where AE filed a complaint (hereinafter referred to as the "the first complaint case") before December 9, 2014, and that the authentic disposition document prepared between the parties is a letter of agreement (hereinafter referred to as the "written agreement of this case") dated December 22, 2014, since AF directly pays KRW 1 billion to A, it does not constitute an act of submitting this paper.

On the other hand, the date of preparing the agreement of this case was blank, but later, it was written on December 9, 2014 by the witness AE’s legal statement that he/she was able to write it later, and by the first accusation case, on which AE and the first accusation case was written on December 9, 2014, the part that AE submitted a letter of cancellation of complaint and attached it to the end of the protocol. The letter of cancellation of complaint attached immediately after the interrogation of suspect was revised only once by the preparing date, and the last preparing date was written on December 12, 2014. On the other hand, Article 3 of the agreement of this case stated that “AE shall not raise any objection to the criminal complaint of this case which was investigated by the Busan Young-do Police Station at the Busan District Prosecutors’ Office after filing a complaint against A, and withdrawal of the complaint against the public and criminal cases related thereto.” In view of the fact that the agreement of this case was written on December 18, 2014.

However, despite the date of the instant agreement, ① clearly stated that “AF will pay AE for all of the judgments specified in AE and AE judgment,” ② The instant agreement is accompanied by the relevant judgment, etc., and Defendant A will interfere with both the instant agreement and the accompanying documents, and the first complaint case is sent by the Busan Southern Police Station (Evidence Records 341 pages), and it is difficult to view that Defendant A would have agreed to transfer money to A without any guarantee that 1 billion won would have been paid for the first time on the part of the Party AF's consent or cancellation of the complaint. On the other hand, the instant agreement would not be deemed to have agreed to pay 1 billion won for the first time on December 23, 2014, on the premise that “AF would not have been paid for the first time on behalf of the Party AF.”

【Prior Records at the Time of Sales】

1. Defendant B (Evidence of Evidence): Criminal records and investigation reports (No. 193, No. 193-1, No. 193-1) 2. Defendant C (public trial records and evidence records No. 2014, no. 9113): The application of the Act and subordinate statutes on criminal records and prosecution records;

1. Article applicable to criminal facts;

A. Defendant A: Articles 347(1) and 30 of each Criminal Act; Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act; Article 3(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment; Article 3(1)1 of the Criminal Act; Article 30 of the Criminal Act; Article 156 of the Criminal Act; Articles 156 of the Criminal Act; Articles 156 of the Criminal Act; Articles 6(1) and 30

B. Defendant B: Each of the Articles 347(1) and 30 (Fraud) of the Criminal Act; Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act; Article 3(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment; Article 3(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment; Article 30 of the Criminal Act (the point of the most of the acquisition and

C. Defendant C: Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act (the point of most of the acquisition and disposition of criminal proceeds) and choice of imprisonment with prison labor

1. Aggravation for repeated crimes;

Defendant B: Article 35 of the Criminal Act (with respect to the violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Money)

1. Handling concurrent crimes;

Defendant B and C: the latter part of Article 37 and Article 39(1) of the Criminal Act (as to the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment)

1. Aggravation for concurrent crimes;

Defendant A and B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Additional collection:

Defendant B: Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Dismissal of an application for compensation order;

Articles 32(1)3 and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Prohibition of Delay in Trial Proceedings)

The Defendant A and B participated in the crime of fraud and fund-raising for the reason of sentencing as a systematic and planned crime, and the amount of damage therefrom is considerably high, and the above Defendants do not seriously reflect their mistakes while denying the crime. In addition, the Defendants conspired to conceal the criminal proceeds of KRW 1 billion acquired by the crime committed before B, Defendant A committed a false accusation against AF, etc., Defendant A committed a crime, denying the crime, and Defendant B committed a fraud and fund-raising again during the period of the same repeated crime. In view of the fact that Defendant B again commits a crime of fraud and fund-raising during the same repeated crime, it is unnecessary to punish the Defendants. Both the Defendants are sentenced to criminal punishment.

In addition to the above circumstances, the amount of earnings and investments paid or returned to the victims of the fraud, the agreement submitted up to the date, the desire that the victims of the fraud contributed to the occurrence and expansion of the crime in this case, the crime committed by Defendant B and C in violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, the role, status and degree of participation of the defendants in each crime, the defendants' criminal records, etc. shall be considered, and the punishment as ordered shall be determined by taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines prescribed by the Supreme Court Sentencing Committee.

Judges Kim Jong-il