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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
B From June 2016, a person engaged in the business of attracting investment and distributing profits in the course of operating “Co., Ltd.”, which run a land wholesale retail business from around June 2016. The Defendant, as the head of the above corporate office, is a person who provided information on the terms and conditions of payment of profits to investors, the amount of investment, and the amount of profit dividends in accordance with the direction of B, and was unable to pay profits properly to certain investors since September 2017.
B, on August 23, 2017, at the office of “Co., Ltd.” located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant said, through the Defendant, that “Co., Ltd.,” the victim E will engage in wholesale and retail business, and if an investment is made, 20% of the principal amount shall be the profits for each six weeks.”
However, at the time, B was unable to pay the agreed profits to other investors, and it was not engaged in the business normally, such as issuing tax invoices or paying value-added taxes, while running a wholesale retail business. Since the business was a structure that can continuously receive investments, it was possible to pay the profits, even if receiving investments from the victim, there was no intent or ability to pay the profits in accordance with the agreement.
Since the beginning of September 2017, the Defendant conspired with B by receiving signatures from B to pay profits to existing investors, with the knowledge that B is unable to pay profits to the normal operation of the company and to pay profits to existing investors, with the knowledge that it was normally run by the company, and received the above KRW 500,00 won on September 19, 2017, KRW 250,000 on September 20, 2017, and KRW 5 million on September 20, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. Each interrogation protocol of the prosecution and police concerning B;
1. The prosecutor's office and the police's statement of E;
1. The defendant;