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Defendant shall be punished by imprisonment for a term of two years and six months and by a fine of 5,00,000 won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
[2016 Highest 3507] The defendant was the representative director of G, a corporation established without capital in 1995, for the purpose of the financial business and distribution business located in Busan Young-gu, and decided to hold an investment presentation meeting in order to raise funds. In 1997, the defendant, a company's employee, is running distribution business in Japan as joint venture with Japanese employees, " our company is running distribution business in Japan as well with Japanese employees, and construction of the Ha Young-gu Kim Young-gu, Busan Young-gu, which is in the construction of the center in Busan Young-gu I, and is developing the well-known land.
In order to introduce, assets will also be paid with 24% interest and principal at the maturity of one year after investment in the company.
At the same time, the order was given to “inviting investors”.
However, as above, the Defendant did not engage in the distribution business in Japan as a joint venture with a Japanese person, and did not have a center in Kimhae-si or Suwon-gu I, and there was no fact that the Defendant developed the land in smuggling.
On November 11, 1997, the Defendant: (a) around 14:00, at the G store of the 2nd K Bank located in the Busan Young-gu J of the Busan Young-do, the Defendant had the business employees of the said company make a false statement as if he could give a high interest if he/she has invested money with the explanation of the company as above for 50-60 to 600 persons, including the victim L; and (b) received KRW 5 million from the victim L on December 10, 1997.
In addition, from that time until August 18, 1998, the Defendant obtained the delivery of KRW 542,268,00 in total 78 times on May 31, 2017, as well as the decision to dismiss the public prosecution by cancellation of the public prosecution.
[2016 Highest 4828] The Defendant is a representative director G in Busan Metropolitan Government F, G representative director, who was in F, from the beginning of 1997.