A defendant shall be punished by imprisonment for four years.

The defendant is an applicant for compensation of KRW 142,50,00,000, which is obtained by deceit to F who is the applicant for compensation.

Punishment of the crime

[2012 Highest 2553] The Defendant is the representative director of an agricultural company L Co., Ltd. (hereinafter “L”) established for the purpose of distributing and selling agricultural and fishery products from May 2010 to the date.

The Defendant introduced investors to the Korea Business Start-up Support Center, etc., which is selected in advance, to pay a high fee of 15 to 20% of the investments per case, and subsequently, the Defendant agreed to invite investors by preparing a consignment operation contract, etc. to the effect that the Defendant would pay a fixed amount of 4 to 5% of the investments every month and return the agreed deposit at the expiration of the contract term, if the Defendant is a company promising to operate the business in a stable manner by selling a lifelongized store, etc. in a department store or a large retailer.

However, L had no stable financial basis as well as capital 50 million won since its establishment, and there was no few sales stores located in department stores, etc. to pay profits. As seen above, L had a business structure that, in the process of attracting non-discriminatory investors, such as paying high fees and excessive fixed dividends through a start-up consulting company, financial standing has continuously aggravated due to the payment of high fees and excessive dividends, etc., and has a business structure that makes it difficult to operate a business in a way that redeems fixed dividends to existing investors by using investment funds attracting from subordinated investors in a consecutive manner. In addition, from March 201, from the point of view of the reduction of sales volume of raw disaster in Japan, the financial situation has become worse to the extent that it is difficult to cope with the fixed dividends, employee benefits, etc. for investors.

In addition, most of the stores premised on the management of investors and shop occupants are merely an event for shop occupants, not an actual shop occupants, or they made a shop occupants.