A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Power] On June 11, 2015, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court, and the said judgment became final and conclusive on October 15, 2015.

【Criminal Facts】

The Defendant is the actual representative of (State) D in Busan-gun, and is the actual operator of a swine farm, including F farm in Gohap-gun, Chungcheongnam-gun. From February 2010 to August 2010, the Defendant promised to pay principal and dividends to an unspecified number of investors and received an amount equivalent to KRW 47.5 billion as investment proceeds. The victim G is an investor who invested an amount equivalent to KRW 1.54 billion from June 8, 2011 to May 12, 2012 and suffered a loss equivalent to the difference.

On September 23, 2012, at the F farm office located in Gohap-Namcheon around September 23, 2012, the Defendant made a false statement to the effect that, “The Defendant: (a) at the F farm office located in Gyeongcheon-gun, an auction of KRW 600 million was made on a swine farm; (b) resolving the amount of KRW 600 million if the farm was made; (c) the listed company in H decided to take over a swine farm for KRW 4 billion; and (d) the company in Ha decided to take over a swine farm for KRW 4 billion; (b) the company in Ha may live with the victim as well as several persons if the company continues to operate the Do; (c) the interest on the loan shall be calculated as two copies; and (d) the principal shall be repaid after one year; and (e) the share will be offered as security.”

However, in fact, since the financial rights and the obligation to pay for feed to a swine farm, etc. are equivalent to KRW 1.35 billion, it cannot be resolved as KRW 600 million. The Defendant’s mentioned above is a communications-related company that was abolished on or around June 2012, and there was no contract for taking over a swine farm with the above company. Since (ju) since the financial rights and the obligation to take over a swine farm are equivalent to KRW 2.5 billion, it is difficult to view that the shares of the above company are of substantial value, even if they are borrowed from the victim.