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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the head of the office of the corporation D established for the purpose of real estate development business in the fifth floor of Songpa-gu Seoul building C, and the defendant B is the deputy head who recruits investors as the deputy head, and Eul is the actual operator, who exercises overall control over the affairs and directs investors such as the defendants.
No one shall agree to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission from the authorities, and engage in an act of receiving money, etc. from many and unspecified persons for the purpose of making investments, etc.
1. Defendant B, in collusion with Defendant E on October 2012, recommended G to make an investment that “D will make an annual payment of 15% of the annual revenue and return the principal after one year, if invested in D” at the house of G located in Nam-si, Namyang-si, Gyeonggi-do, and received KRW 3.5 million from November 1 of the same month to the agricultural bank account in the name of the Defendant, and received KRW 82,898,000 in total over 43 times from that time until June 26, 2018 by the same method as indicated in the attached list of crimes.”
Accordingly, the Defendant conspiredd with E to receive the fund without delay.
2. On May 2016, Defendant A, in collusion with Defendant E, recommended “B to make an investment in the new business in D, the principal shall be guaranteed, and 15% interest per annum shall be paid every 14 months after the 14th month period.” The Defendant received a remittance of KRW 46 million in total as the national bank account in the name of D, by soliciting “B to return the principal after the 14th month period.”
Accordingly, the Defendant conspiredd with E to receive the fund without delay.
Summary of Evidence
1. Each police suspect interrogation protocol of the Defendants as to each court statement E
1. Each police statement of G and H;
1. Investigation report (Submission of details of the contract to the complainant);
1. A contract for the use of an agreement, the particulars of each account transaction, a statement of performance;