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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 4 shall be confiscated.
Reasons
Punishment of the crime
"2015 Highest 2517"
1. The Defendant, as the representative director of a stock company E, from August 2010 to December 30, 201, set up a G office on the fourth floor of the building where the address below the Seoul Songpa-gu Seoul Metropolitan Government F is unknown. From March 10, 201 to May 3, 2011, the Defendant had an I office on the second floor of the HH building in Seoul Special Metropolitan City, and operated the said I company. When investing in the business of importing well-known bags and coal-related products, the Defendant intended to pay 120% to 130% or 130% of the investment amount within the maximum three months, and collected investors to acquire the investment money from them.
On August 31, 2010, the Defendant stated that the said company G office located in Songpa-gu Seoul Metropolitan Government F would have the said company employees import and sell master goods from Italy, etc. from our company to the victim J by stating, “If the Defendant invests 50,00 won per unit of the business in an amount equivalent to KRW 550,000 per unit of the business, 130% of the amount invested shall be paid within a maximum of three months.”
However, in fact, it was difficult to expect profits from the failure to secure funds and stores that can actually be actually imported and sold at the time. It was intended to use the investment funds invested from investors to pay profits or recommendation allowances to investors. Since there was no intent to engage in the business of importing and selling famous goods, there was no intention or ability to pay 130% of the investment funds within three months as agreed upon by the victim even if it received an investment from the victim.
As such, the Defendant, as stated in the list of crimes, by deceiving the victim and receiving KRW 4.4 million from the victim as investment money on the same day, invested from that time to April 19, 201 in the business of importing, selling, importing, and selling, such products as above, 120% of the investment money within three months.