Text
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a year.
Reasons
Criminal facts
Defendant
A shall exercise overall control over the business affairs of the company, such as the establishment and promotion of the development project plan, the explanation of investment, etc., as the representative director of the Gwangju Dong-gu C and D in 201, and Defendant B was listed as the auditor of the company and conspired to attract investment funds under the pretext of sharing the roles of attracting customers, such as investment explanation, receipt of investment funds, preparation of detailed statement, payment of allowances, etc., and making investments from the victims.
On January 201, 201, the Defendants are expected to develop and export to the victim E with this interest and loan, which would be expected to be exported to a foreign country, and a large amount of money would be invested in the company.
7 to 10% of the principal amount per month was paid as interest, and the principal shall be paid in full after six months.
However, in fact, the LAD did not have any particular asset and sales, and the Defendants did not have any specific plan or ability to develop tinsan, and even if they did not receive investments from the victims, they did not have the ability to create profits through tinsan Development Project, and even if they were to receive money under the pretext of investment, they did not have the intent or ability to pay the principal and the profits promised to the victims because they did not have the ability to pay the senior investors with allowances and interest.
The Defendants conspired to induce victims E and received KRW 10 million from the post office account in B’s name on January 4, 201, and received KRW 26,7180,000,000 from 39 times in total, as described in the list of crimes in the attached Table, including where the Defendants received transfer from the post office account in B’s name around January 4, 201.
Summary of Evidence
1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants
1. Statement made by the prosecution with respect to E, F, G, and H;
1. The police statement protocol with respect to E, F and G;
1. Receipts and transaction details;
1. Investigation report (Details ofG Transactions);
1. Application of Acts and subordinate statutes of a report on investigation (Adjustment of List of Crimes);
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;
1. Aggravation concurrent crimes;