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Defendant
A and C Imprisonment with prison labor for 10 months, each of the defendants B and D shall be punished by imprisonment for 6 months.
However, Defendant B and D.
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to a suspended sentence of two years for a violation of the Act on the Regulation of Similar Receiving Acts at the Cheongju District Court on May 17, 2018, and the judgment was finalized on the 25th of the same month. Defendant B was sentenced to a suspended sentence of two years for eight months for a violation of the Act on the Regulation of Similar Receiving Acts at the Cheongju District Court on May 17, 2018 and the judgment became final and conclusive on the 25th of the same month.
[2] The crime committed by Defendant A is the representative director of the F Co., Ltd. F (hereinafter “F”), Defendant B’s inside-house director, Defendant C’s head of the Fri-gu Gtel H, Gwangju-gu, and Defendant D’s employee of the Fri-si Center.
1. The Defendants’ joint crime (based on fraud) committed by the Defendants: (a) as food distribution companies are not equipped with any human and physical facilities; (b) even if they receive investments, they could not create profits from food distribution businesses; and (c) thus, they would have to pay investments received from investors as profits to other investors; and (d) notwithstanding that they could not be able to pay profits from prior investors without continuous solicitation of investors, the Defendants would give to an unspecified number of investors a high rate of profits by running food distribution business.
In order to acquire money as investment money by deceiving “,” and to manage the F Corporation’s account, Defendant C and D conspired with Defendant C and D to pay the introduction allowance if an investor recruited in the Gwangju metropolitan area transfers the investment money.
Accordingly, Defendant C and D, around January 2016 at the above F Gwangju Center office, collected investors first in order to carry out the franchise business in full scale when the F Party purchased the land at the Cheongju, and invested KRW 1.4 million per unit of the Gu.