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Defendant
A Crimes Nos. 1 through 5 of the List of Crimes Nos. 2 and 3 of the List of Crimes Nos. 1 through 3 of the Decision.
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court on January 6, 2012, and the judgment became final and conclusive on March 29, 2012. On July 4, 2012, Defendant A was sentenced to three months of imprisonment for fraud in the above court on August 8, 2012, and the said judgment became final and conclusive on August 8, 2012, and the execution of the final sentence was completed in the said prison on September 15, 2013.
Defendant
B was sentenced to one year and six months of imprisonment for fraud at the Seoul Northern District Court on June 14, 2011, and on September 6, 2012, the Seoul High Court sentenced two years to imprisonment for fraud, etc. on May 29, 2014, and completed the execution of the final sentence at the Hongsung District Court Seosan branch on May 29, 2014, see, e.g., Supreme Court Decision 2014Do469 Decided March 27, 2014 / [Defendant 2017 High Court Decision 2182- Defendant A operated a similar private enterprise of the trade name “F” in E and 303, while serving as an employee of the said company, Defendant B was in charge of duties such as soliciting investors and managing investment funds and paying profits.
1. No one who commits a joint crime by the Defendants shall agree to pay the principal or an amount in excess thereof to many and unspecified persons without obtaining permission from the authorities, and shall receive money under the pretext of an investment.
Nevertheless, on January 20, 2016, the Defendants conspired to make an investment in a for-profit business with money to many unspecified victims, such as the victim G, such as the above “F office,” and the victim G, by stipulating that if the Defendants agree to use the said money for profit-making business and to pay the said money in 12 million won a total of KRW 1,500,000 per share by paying the principal and the profits in 1.5 million won per eight weeks from the enormous profit accrued therefrom, the Defendants shall receive KRW 2,00,000 from the victim G for the same date and at the same place as the investment money.