A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around July 13, 200, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Gwangju District Court, which was sentenced to a suspended sentence of two years on or around the 21st of the same month. On October 30, 2012, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment due to the commission of fabrication of official documents at the Seoul Central District Court on or around November 7, 2012, and the judgment became final and conclusive on or around November 15, 200, and was the representative director of D (hereinafter “D”).

[Judgment of the court below]

1. The Defendant, along with G, who was the management adviser of D, had no significant profit-making business, that is, there is no clear fact that D is operating the business, and therefore, the ordinary expenses was appropriated to the money received from investors only because it was not sufficient to operate the business, and most of the investment funds received from investors were paid to the investors as principal and profit, etc. Accordingly, even if the money was received from investors as investment funds, the Defendant was willing to receive the investment money from investors by pretending to make an investment by means of the investment in other businesses, even though there was no intent or ability to pay the high-rate profit or redeem the principal within the agreed period.

Around December 14, 1999, the Defendant committed the crime against the victim H in collusion with F, G, and the victim H at D's office located in the office of 501 room of the Gangnam-gu Seoul International Building 501, Gangnam-gu, Seoul, to the effect that "if an investment is made in D, the Defendant will give 20% dividend every month and return the principal after 3 months. D, the casino in the hotel in the Kazastan is also established, and if an investment is made, the Defendant may receive dividends of KRW 10 million each month in the form of pension." The Defendant received from the victim H a total sum of KRW 50 million and KRW 60 million from February 15, 200.