Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant A, “2018 Highest 1032,” is the Chairperson of C Co., Ltd. (hereinafter “C”) that operates shopping mall with a certain amount of membership fees paid to investors and pays some of the profits therefrom to its members differently depending on the amount invested. A, who has overall control over the operation of the aforementioned company, including investor recruitment and fund management, is the vice president, and Defendant B, as the vice president, takes charge of the receipt of investors, accounting, and book-keeping, etc. of the said company.
In collusion, the Defendants would pay high allowances to victims E to the extent that it does not interfere with the old age life by operating a convalescent hospital, a practical server, a funeral hall, a franchise restaurant, etc. at the meeting for investment of the said company held by the auditorium in the Daejeon Seo-gu, Daejeon on December 27, 2015.
“.....”
However, the above company did not have any different profit-making business that generates investment funds paid by its members and non-member subscription fees, and from around November 2015, the sales revenue was reduced from the early 2016, and eventually, it was maintained in the early 2016 by way of repaying part of the investment funds and member subscription fees from its members, and eventually, it is difficult to repay the funds to the victim as well as the agreed allowances. Since the amount actually invested by the damaged person is expected to be disbursed as the amount of money in arrears and the company operation expenses, there was no intention or ability to return the agreed revenue or the principal, even if it received money from the injured person.
Nevertheless, the Defendants conspiredd with the victim on January 12, 2016 to receive 50,000 won from the victim to the F Bank G account in the name of CF bank around January 12, 2016.
Defendant A, “2018 Highest 1126,” means a certain amount of money against investors.