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Defendant
A Imprisonment of three years and six months, Defendant B's imprisonment of one year, Defendant C's imprisonment of one year and two months, and Defendant D.
Reasons
Punishment of the crime
[ all facts] Defendant A, a general manager of K’s business, and Defendant B, a general manager of the company at issue, was responsible for investor recruitment, Defendant C, the director of the public relations division of the company at issue and the director of the investor solicitation, Defendant D, as the above company’s agent, was in charge of borrowing money from the victims or receiving investments.
【Criminal Facts】
1. On January 15, 2014, in the case of Defendant A’s fraud, the Defendant: (a) instructed the said C to publicize the company and invite investors; and (b) upon receiving the Defendant’s order, the said C is under the direction that “K is expanding the distribution business of China and the rate of return reaches or exceeds 37%; and (c) the said C is raising an earning rate.
The interest of 18% per annum and 1.5% per month shall be paid on the loan of money, and the principal shall be refunded at the expiration of the contract period.
“.....”
However, the above K et al. operated by the defendant did not have much profits, and the defendant did not have actually invested capital, and even if the management of the company is made an investment from the victims as a loan deposit because it is difficult to manage the company to prevent the return, such as receiving a loan from the victims and paying interest to the existing investors, there was no intention or ability to pay the interest and principal as promised to the victims.
Nevertheless, the Defendant, as seen above, received 85 million won from the victim M to the corporate bank account of the Defendant, from the time when he received 85 million won from the victim M to the corporate bank account of the Defendant, and received 3,292,780,000 won in total from 15 times until April 1, 2015 as shown in the List 1 of the Crimes in the attached Table.
2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall obtain authorization or permission under other Acts and subordinate statutes;