Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Punishment of the crime

Defendant

On September 7, 2018, A was sentenced to one year of imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Central District Court on September 15, 2018, and the judgment became final and conclusive on September 15, 2018, and Defendant B was sentenced to two years of suspension of execution on November 16, 2018 by the Seoul Central District Court on November 8, 2018 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.

[Basic Facts] On March 22, 2018, Defendant A appealed on the grounds of unfair sentencing, who was sentenced to one year of imprisonment by reason of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc. at the Seoul Central District Court on the grounds of an unfair sentencing. In the appellate trial, Defendant A had the victims of the instant case give testimony to the effect that “The monetary transaction with A is an individual transaction unrelated to the act of fund-raising business without permission.” When Defendant B, who is the business operator of the same kind of fund-raising business, he/she was indicted for the same crime, he/she applied for himself/herself and E as a witness and delayed trial, and had the Defendants create a favorable trial situation by setting the contents of the testimony in advance.

Defendant

B On September 21, 2016, the Suwon District Court was sentenced to one year of imprisonment for fraud at the Suwon District Court, which was sentenced to two years of probation, and was not detained on January 24, 2018.

Accordingly, Defendant B, as a superior business entity of D and C to which he belongs, meeting Defendant A, who is under confinement after being sentenced to imprisonment in a separate trial, and having been sentenced to not guilty, is an individual monetary transaction unrelated to the receipt of the same kind of money, and 2) even if having been sentenced to a conviction, a trial is conducted by means of absence, application for witness, etc., so that the said suspended sentence can be sentenced to the next sentence.