A defendant shall be punished by imprisonment for two years.

The defendant shall pay 63,400,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[2] From May 2010, the Defendant served as the representative director of an agricultural company L Co., Ltd. (hereinafter “L”) established for the purpose of distributing and selling agricultural and fishery products from around May 2010.

The Defendant introduced investors in the manner of paying high-ranking fees equivalent to 20% of their investments per case to the Korea Business Start-up Association, etc., which has been selected in advance. The Defendant decided to draw up a consignment operation contract, etc. to the effect that the Defendant would pay 4-5% of its investments every month and return the agreed deposit at the expiration of the contract term, and invite investors.

However, L had no stable financial basis other than 50 million won since its establishment, and there was no few sales stores located in department stores, etc. to pay profits. As seen above, L had a business structure that makes it inevitable to operate a business in a way to pay fixed dividends to existing investors by using investment funds attracting from subordinated investors, such as high-amount fees and excessive fixed dividends, in the course of attracting non-discriminatory investors, such as paying high-amount fees through a start-up consulting company.

Furthermore, most of the stores premised on the operation of the store with investors are merely an event for the operation of the store, and they do not have any actual sales, or they did not have any salesroom, so even if they receive money under the entrusted operation contract with the victims, they did not have any intent or ability to pay a fixed dividend during the agreed period and return the deposit after the expiration of the agreed period.

The defendant.