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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On October 13, 2017, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Northern District Court, and the judgment was finalized on October 21, 2017.
【Criminal Facts】
The Defendant is a real operator of C Co., Ltd., which supplies copy to Korea and Vietnam with coffee franchise operation, and to Vietnam, and D, as a representative director of E, a corporation that imports and sells coffees and soon, took overall charge of the Defendant’s investment explanation, management, etc.
While exercising overall control over the company as above, the defendant could not receive profits from investors even if he received money from investors in the name of investment in coffee farm, D intended to receive remittance of money from the victim F and obtain money from the victim F in the name of coffee farm investment again by acquiring money from the defendant.
D made a false statement to the victim, “A Co., Ltd. E” office located in Yeongdeungpo-gu Seoul Metropolitan Government on January 2015, 2015, stating that “ACo., Ltd. E” office in Yeongdeungpo-gu, Seoul, recruited members of a coffee farm operated in Vietnam, and if an investment is made in the coffee farm business, a monthly interest of 10% shall be paid, and if a member withdraws after one year, all of the investments shall be returned.”
However, in fact, the situation where the Vietnam coffee farm was operated with investment funds received from investors, and the progress of the business and the profit structure thereof are not fixed, so it was impossible to pay investors a monthly profit of 10%, and it is inevitable to take a method of repaying the principal and interest of existing investors in a short period by using investment funds kept from subordinated investors, and therefore, it is anticipated that the agreed allowance and principal will not be paid unless a new investor continues to be retained.
Ultimately, the defendant and D are promised even if they receive investment money.