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Defendants shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
On February 8, 2017, the Defendants were sentenced to 8 months of imprisonment and 2 years of suspended execution by violating the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court, and the said judgment became final and conclusive on February 16, 2017.
The Defendants, “2017 Highest 2398,” offered financial instruments subscription forms to the effect that “investment units: 10 million won: interest income: 1% per month; and the principal of the investment is guaranteed in full.” In order to raise the business funds of their operators, the Defendants conspired to attract investment funds under the title of “automobile security loan claim against investors.”
Defendant
A, on March 28, 2014, at the children's home in the Seocho-gu Seoul Metropolitan Government operation of the victim E, there is a financial product called "motor vehicle security loan claim" with the victim's subscription form, and is a product investing in a business that provides a vehicle security and loans.
The principal may be guaranteed in full even with 1% of the investment funds as monthly revenues.
“The part of the facts charged was revised to the effect that it does not interfere with the Defendants’ defense rights according to the evidence, such as the witness’s statement in the court.
(hereinafter the same shall apply).
However, in fact, the Defendants not only did they receive the security from the customers who want to borrow money from their lending companies, but also did not prepare a proper parking facility parking lot to keep the vehicle security even if they were provided with the vehicle security. Even if they received the investment money, there was no financial situation, such as paying a significant portion of the investment money to other investors or to their own benefits, so even if they received the money from the victims, they did not have the intent or ability to guarantee the principal and the profits as originally agreed upon.
The Defendants conspired to attract the victim and induce the victim to make an investment on the same day from the damaged person to the national bank account in the name of Defendant B for the same day.