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Defendants shall be punished by imprisonment for eight months.
However, with respect to the defendant C, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendants did not have the intent or ability to pay to the victims the principal and interest equivalent to 140% of the principal and interest within six weeks after importing agricultural products from the victims, even if they have borrowed money from the victims on the pretext of the amount of income from agricultural products.
Nevertheless, around October 26, 2011, the Defendants made a false statement to the victim H that “a large volume of agricultural and fishery products is being imported and sold in China and invested money, the sum of principal and allowances will be paid 140% within six weeks.” The Defendants received KRW 10 million from the victim on October 27, 2011.
In addition, the Defendants conspired with the Defendants, from October 25, 201 to November 25, 201, received a total of KRW 146 million from the victims in the same way as indicated in the crime list as shown in the attached crime list, and acquired it by deception.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report, etc. under Acts and subordinate statutes, shall receive contributions from many and unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future;
Nevertheless, around October 26, 201, the Defendants were issued KRW 140 million from H by explaining that “If the Defendants are engaged in a business importing and selling large volume of agricultural and fishery products in China, they will pay 140% of the total principal and allowances within six weeks if they invest money.”
In addition, the Defendants conspired with the Defendants, from October 25, 201 to November 25, 201, received the total amount of KRW 146 million from investors in the same way as indicated in the annexed crime list, and received the same amount of KRW 31 million from investors, such as the list of crimes.
Summary of Evidence
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