Defendant 1 and one other

Maximum Decree

Attorney Clinical Han-chul et al.

The same as the entry in the list of applicants for compensation in attached Form

Defendant 1 shall be punished by imprisonment for six years, and imprisonment for two years and six months, respectively.

As to Defendant 1, 235 days of detention before this judgment is rendered, and as to Defendant 2, 182 days of detention shall be included in the above punishment.

Defendant 1 shall pay 130,00,000 won by defraudation to 6 applicants for compensation, and shall pay 10 applicants for compensation 176,00,000 won by fraud and 5% per annum from January 6, 2004 to the date of complete payment.

This order may be provisionally executed.

The application of the applicant 1, 2, 3, 4, 5, 7, 8, 9, and 11 shall be dismissed respectively.

Defendant 1 is the representative director of Nonindicted Co. 1 in the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government (number of buildings and omitted) and Defendant 2 was the auditor of Nonindicted Co. 1;

1. The Defendants conspired to acquire the proceeds from the sales of home appliances or merchandise coupons by attracting investment funds, in collusion with the Defendants;

A. On August 5, 2003, the fact at the office of non-indicted 1 corporation was transferred from the victim's applicant for compensation to the bank account in the name of Defendant 1 (Account Number: omitted) on September 17 of the same year, the defendant received KRW 58 billion from the above victim's bank account (hereinafter referred to as "Account Number") under the name of Defendant 1 and received KRW 500 million in total from the above bank account in the name of additional investment money to receive KRW 1 billion from the above bank account and received KRW 8 billion in total from the above bank account of Korea on September 17 of the same year, and received KRW 1 billion in the name of additional investment money from the victim to the above bank account, although there is no intention or ability to properly pay the principal and earnings.

B. On May 26, 2003, the fact at the office of Nonindicted Co. 1, 2003, after receiving investment money from the victim’s applicant for compensation, is false statement to the effect that “If investments are made in the occurrence of high profit by purchasing and selling gift certificates, the principal shall be repaid 35 days after the date and the monthly dividend shall be paid 25% after the date” shall be received from the victim and received 50 million won as investment money from the victim from November 25, 2003 from that time to November 25, 2003, the victim shall receive 11,492,274,000 won in total from the above victim 75 times as shown in the attached list 1, as shown in the annexed list of crimes.

2. Defendant 1, in collusion with Defendant 2 (this Court sentenced on January 11, 2005 to imprisonment with prison labor for three years and six months and is currently pending in Seoul High Court 2005No177)

A. On or before December 10, 2003, the fact at the office of Nonindicted Co. 1, 2003, the victim’s compensation applicant was received from 6, 11, 10, 10, and 9, the applicant for compensation received a total of KRW 73,500,000 from 15 days and received 100,000 from 8 times from 10,000 as shown in the attached Table 2 of the crime committed by the victim from January 9, 204 to 30,50,000 from 33,50,000,000 from 15,00,000, in spite of no intention or ability to pay the principal and earnings properly even after receiving the investment money from 6, the victim’s compensation applicant, even if there is no intention or ability to do so.

B. On March 22, 2002, the fact at the office of Nonindicted Co. 1, 2002, despite having no intent or ability to pay the principal and profits properly even if the victims received the investment money from the victims, the victim’s applicant for compensation refers to 4, who is an applicant for compensation, by falsely stating that “if the household appliances or merchandise coupons are purchased and sold in a large quantity, the high profits may be invested, and the monthly profits may be reduced by 8%,” and that he/she received KRW 15 million from the above victim from the time until December 3, 2003, he/she shall receive KRW 5,647,260,00 in total from 7, such as 4, the victim’s application for compensation, and shall receive them, respectively, from the time until December 3, 2003, from the time when he/she received KRW 15 million from the above victim.

(c)No person may engage in the business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration or report pursuant to other Acts and subordinate statutes and without having agreed to pay the total amount of contributions or an amount in excess thereof in the future, without being engaged in any similar receiving of contributions;

(1) without delay import of 12,225,74,00 won in total for investment in each of the places listed in paragraphs (b) and (2) above and in each of the places listed in paragraphs (a) above;

(2) without delay import of KRW 5,647,260,000 in total under the pretext of investment at each of the places listed in Paragraph (b) above 2-B;

3. Defendant 1:

A. On November 25, 2003, the fact at the office of Nonindicted Co. 1, 2003, when borrowing money from the victim’s compensation applicant 8, the victim did not have an intent or ability to repay the money, and the fact makes a false statement to that person that “I would pay 10 million won more than 10 days if I borrowed 50 million won.” The victim received 50 million won as a loan from the above victim, namely, at the above victim’s seat, and acquired it by fraud;

B. Around December 31, 2003, the fact at the office of Nonindicted Co. 1, 2003, despite having been provided with an objection from the victim Nonindicted Co. 2, the victim made a false statement to the above victim that “Notwithstanding the absence of the intent or ability to pay the said payment, the above victim would deliver the objection to the place of Nonindicted Co. 3, in Gangwon-do, and make a settlement of the price of the goods within two days at the face of the week, and then that part of the false statement to that effect is the victim’s KRW 6,00,000,000,000 won at the same day from the above victim, and around January 19, 2004, the sum of KRW 2,431,00,000,000,000 at the market price of this payment to the new construction site

4. Defendant 1:

(a)the acquisition by deceptioning the proceeds of home appliances and merchandise coupons by attracting investment funds;

Around January 10, 202, the fact at the office of Nonindicted Co. 1, 200, at the time of Nonindicted Co. 1, 2002, means that “Notwithstanding there is no intent or ability to pay the principal and earnings properly even if an applicant for compensation received an investment money from 4, the applicant for compensation, he/she shall be entitled to receive 8% revenues of 12,300,000 won from the above victim on the same day as the above victim received 12,30,000 won from 4, a sum of 74,823,00 won from the victim’s applicant for compensation, from February 27, 2002, and shall be acquired from 7 times as shown in the attached Table 3-1 to 7, 200, and shall be acquired from 4, the victim’s applicant for compensation.

(b) No person may engage in a business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration or making a report pursuant to other Acts and subordinate statutes and without having agreed to pay the total amount of contributions or an amount in excess thereof in the future and without receiving any imported contribution;

An act of receiving 74,823,000 won in total for investment at the time and place specified in paragraph (1) above 4,

5. Defendant 1:

A. At the office of the non-indicted 1 corporation on August 11, 2003, the fact, even if it borrowed money because it was impossible to pay the principal and profit to investors, it is false to the victim 4 who is the applicant for compensation, regardless of the absence of the ability or intent to repay the money, and, if possible, it is false to say, that "it is much possible to repay the operating fund as much as possible, one month later," and it is received KRW 30 million from the above victim from November 10 of the same year, from that time to August 10 of the same year, he shall receive KRW 185,00,000 as shown in the attached Table 4 as the victim's applicant for compensation and KRW 5,00,000,000 from November 4 of the same year.

B. On August 25, 2003, at the office of Nonindicted Co. 1, 2003, the fact, despite the absence of the intent or ability to settle the price even if the computer was installed in the office, is false to the victim 4, who is an applicant for compensation, who is entitled to pay the price by installing one computer and one monitor, and who is in this case, receives from the above victim the amount equivalent to KRW 1750,00,000,000 from the above victim, and obtains it by fraud;

6. On February 2, 2004, Defendant 1 sold 25% of the total amount television (PDP) prepared in advance by the above victim in order to overcome the financial shortage due to the deficit accumulation of distribution companies operated by the defendant, and sold 25% of the above victim 15% of the market price to the above victim 30% of the market price. The defendant can sell and sell the above victim 150% of the market price with 150% of the market price as an honorary director of Samsung Electronic Co., Ltd., and the defendant received 150% of the market price from the above 15% of the market price as of the above 15% of the market price as of March 2, 200, and the above 300% of the market price from the above 15% of the market price as of March 2, 2000.

7. The facts revealed by Defendant 1, who had been operated at the time, stated that even if Nonindicted Co. 1 was in the state of debt worth KRW 10 billion and the capital was destroyed immediately before the dishonor and purchased merchandise coupons on credit, Defendant 1, despite the absence of intent or ability to pay the price, shall be sentenced to gift to the employees of the above company last before the dishonor, and around January 20, 2004, Defendant 1, at the victim Nonindicted Co. 5 office located in Seongdong-gu Seoul Seongdong-gu, Seongdong-gu, Seoul around January 20, 2004, the victim Nonindicted Co. 6, who is an employee of the victim Nonindicted Co. 5, would pay the price with the gift certificates at least KRW 10 million,00,000, 100,000 won, 70,000,000 won, which was acquired from that person’s oral gift certificates.

8. Defendant 1 as the representative of Nonindicted Co. 1, who is a business operator who has employed six full-time workers and operated artificial fishery. On March 25, 2004, Defendant 1 did not pay 4.2 million won of wages for Nonindicted Co. 7 retired workers at the above business establishment within 14 days after the cause for the payment occurred without agreement between the parties on the extension of the due date.

9. Defendant 1:

A. On October 17, 2003, the victim non-indicted 8's (trade name omitted) sales store operated by the victim non-indicted 8 in Gangnam-gu, Seoul (Seodong omitted), and the fact is about KRW 1.7 billion, and the amount of debt to the non-indicted 9 is at least KRW 1.7 billion, and even in the case of offering other's goods as security or providing personal security, the above victim did not have any intent or ability to pay the debt, despite the fact that "I would borrow money from the non-indicted 9, and would not cause any damage to other security within 10 days per week by providing the above victim's goods as security," and it is false to the effect that "I would like to lend money from the victim to the non-indicted 9 in borrowing KRW 150 million from the non-indicted 9,500,000, the above victim's revenue was sold to the non-indicted 9 as security, thereby acquiring an equivalent amount of property profit.

B. Defendant 1 makes a false statement to the victim non-indicted 10 using the above method at the time and place indicated in the above paragraph 9-A, stating that “The victim would borrow money from Non-indicted 9, and would not inflict any damage on the part of other security within 10 days from the letter of order,” and that is, Defendant 1 would have the above victim borrow KRW 100 million from Non-indicted 9, thereby obtaining the above victim’s pecuniary advantage by allowing the above victim to make a guarantee.

10. The facts indicate that Defendant 1 was unable to pay profits to investors because the management of Nonindicted Company 1 operated by the Defendant was difficult, resulting in financial difficulties by obtaining bonds, including appropriation of such profits. From May 2003, Defendant 1 purchased home appliances from 8, an applicant for compensation who was known to the Defendant after investing in film production work, even if he purchased home appliances from 10 billion won, he did not have the intent or ability to pay the proceeds, once he purchased them as collateral and then renders them out as business funds. On October 2003, the above victim at the office of Nonindicted Company 11 located in Gangnam-gu Seoul Special Metropolitan City (Change omitted), stating that “The price for the delivery of home appliances shall be paid necessarily,” and that it was falsely written from the above victim to 200 billion won to 10 million won to 200 million won to 200,000 won to 200,000 won to 200,000 won to 11.5 billion won to 200.

11. On February 20, 2004, Defendant 1, at the office of Non-Indicted 12 Co., Ltd. located in Gangnam-gu, Seoul, Gangnam-gu, Seoul, 674-4, and the facts are faced with situations where it is difficult to obtain unreasonable investment from investors and make payment for profits, and even if it is invested from Non-Indicted 13, it is not possible to make a short-term high profit. However, the above victim’s statement that “it is possible to make a lot of profits if the domestic home home appliances and the release on bail are distributed and sold to consumers, but if it invests a large amount of money, it is possible to return the profits and principal to 60% every six days if it is invested, it is acquired from the above victim’s bank account in the name of the defendant, which is equivalent to KRW 40.6 million, and KRW 5.93 million from the Korean bank account in the name of Non-Indicted 14 to KRW 99 million.

[The facts of 1-A, 2004 type 127672, 127882] of investigation records

1. Defendants’ partial statement

1. Statement of the witness applicant;

1. Some statements made by the prosecution about the Defendants in the suspect examination protocol (including the part of statements made by the Defendants 1 and 15)

1. Statement made by the police on the applicant for compensation;

1. A copy of an investment contract, a copy of a receipt, a copy of a letter, the current status of attracting assets investment, and each of the future plans;

[No. 1-2, 2-A, 2-3-1, 3-2, investigation records No. 138351, 2005-2000]

1. Defendants’ partial statement

1. Eight statements by the witness applicant for compensation;

1. Each prosecutor's protocol of interrogation of the Defendants (including the part concerning the applicant for compensation, Non-Indicted 8 and Non-Indicted 16)'s statement

1. Each prosecutor's protocol of interrogation of the suspect against Defendant 2 and Nonindicted 16 (including part of the statement made by the applicant for compensation 9, Nonindicted 17, and the applicant for compensation)

1. Entry of the prosecutor’s protocol on the applicant for compensation, Nonindicted 6, 2, and 10, the applicant for compensation in the certified copy of the protocol of statement;

1. Entry in a complaint;

1. A copy of the statement of transactions in the Korean bank account (No. 3 copies of the trial record), a copy of a passbook in the name of the applicant for compensation in the number of eight bank accounts (No. 3 copies of the trial record), a copy of a passbook in the name of the Seoul Bank in the name of the applicant for compensation in the name of the non-indicted 18, a copy of a passbook in the name of the non-indicted 18, a copy of a passbook in the name of the applicant for compensation in the name of the Seoul Bank (No. 197 pages), a copy of the passbook in the name of the applicant for compensation in the name of the defendant 1 book, a copy of the personal account, a copy of the business plan of the non-indicted 11,

[The facts of 2-B, 2-C (2), 4, and 5, investigation records of 205 type No. 40487, 52461, 5600]

1. Defendant 1’s legal statement

1. Entry of the suspect interrogation protocol as to Defendant 1 and Defendant 2 by the prosecution

1. Each statement made by the prosecution against the applicant 2 and Nonindicted 19

1. Each statement written by the police on Nonindicted 20, the applicant for compensation, the applicant for compensation, the applicant for compensation, the applicant for compensation, and Nonindicted 21

1. In each investment contract, each receipt, receipt without passbook, and each fund management contract;

【Fact 6-finding, Investigation Records No. 2005No. 34617】

1. Statement made by Defendant 1 in the first protocol of the trial of the case No. 2005 Godan1983 in this court;

1. Statement made by the police on Nonindicted 4

1. To enter the certificate of cash custody;

【Fact 7 at the time of sale, Investigation Records No. 2005 type 42501】

1. Defendant 1’s legal statement

1. Statement made by the police on Nonindicted 22

1. Statement of acceptance certificate;

【Fact 8 at the time of sale, Investigation Records No. 55415】

1. Defendant 1’s legal statement

1. Statement made by the police on Nonindicted 7

【Fact 9-Finding, Investigation Records No. 2005No. 4311】

1. The defendant 1's partial statement

1. Some statements made by the prosecutor about Defendant 1 (including the respective statements made by Nonindicted 8, Nonindicted 10, Nonindicted 23, Nonindicted 9, and Nonindicted 24)

1. Statement made by the police on Nonindicted 9, Nonindicted 23, Nonindicted 24, Nonindicted 8, and Nonindicted 10

1. Each description of Defendant 1’s loan transaction book, the current status of collateral related to Defendant 1’s loan, a copy of loan transaction contract, the power of attorney, a copy of the ledger of interest payment under Defendant 1’s interest, a copy of receipt, a copy of a special agreement, a copy

【Fact 10-Time, Investigation Records No. 2005 type 41156】

1. The defendant 1's partial statement

1. Eight statements by the witness applicant for compensation;

1. Statement made by the police against the applicant for compensation at the police station;

1. A copy of the order, a copy of acceptance certificate, a copy of the order, a statement of delivery of Defendant 1's goods, a copy of the contract, and a copy of the certificate of delivery of goods;

【Fact 11 at the time of sale, Investigation Records 2005No. 51190】

1. Defendant 1’s legal statement

1. Statement on Nonindicted 13’s statement

1. A copy of each certificate and each description of a receipt;

1. Article applicable to criminal facts;

Defendants: Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1), Article 30 of the Criminal Act (the fraud of 1-B in the market, the choice of limited imprisonment), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1), and Article 30 of the Criminal Act (the fraud of 1-B in the market)

Defendant 1: The defendant 1: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act, Article 347 (2) of the Criminal Act (Article 30 of the Criminal Act as to each fraud against the victims other than the victim non-indicted 19 and non-indicted 20 among the 2-B in the judgment, and Article 10 of the Criminal Act: Provided, That Article 30 of the Criminal Act as to each fraud against the victims other than the victim non-indicted 19 and non-indicted 20), Article 347 (1) of the Criminal Act (Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act (Article 2-2 of the judgment, Article 30 of the Criminal Act), Article 347 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Article 3, 5, 7, 9, and 111 of the Criminal Act, Article 20 of the Act.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Code [Aggravation of concurrent crimes against the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated in 1-B of the largest judgment of punishment]

1. Discretionary mitigation;

Defendant 2: Article 53 and Article 55(1)3 of the Criminal Act ( considered as favorable circumstances stated in the grounds for the punishment by imprisonment)

1. Calculation of days of detention;

Article 57 of the Criminal Code

1. Application for compensation order;

Part against 6 applicants for compensation and 10 applicants: Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Part of remaining applicants for compensation: Article 32 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (in case of uncertainty of the scope of liability of the defendants)

1. Declaration of provisional execution;

Article 31(3) of the Act on Special Cases concerning the Promotion of Legal Proceedings

1. Defendants

A. Summary of the assertion

Defendant 1’s assertion that Defendant 1 could not be deemed as deceiving Defendant 8 as the victim’s compensation applicant, and Defendant 2 did not conspired with Defendant 1, in light of the fact that Defendant 1 received more amount than the amount invested, and Defendant 8 as the victim’s compensation applicant was aware of the nature of Defendant 1’s work and received investment funds from other investors and made investments in Defendant 1 and made profits.

(b) Markets:

(1) Defendant 1

Defendant 1 made a statement on this part of the facts charged in this court, and according to each of the above evidence, Defendant 1 made a statement to the effect that Defendant 1 made a confession from this court, and Defendant 8, an applicant for compensation, made a statement on May 2003, to the effect that Defendant 1 paid all of the investments made by Defendant 1 in lieu of the profits, but Defendant 1 did not pay the profits properly after May 2003. Defendant 1 revoked the complaint on the previous part. Defendant 1 made a statement at the prosecutor’s office that “The business environment has rapidly deteriorated from May 2003, 200, and the operating profits have come to a deficit. It was difficult to ensure that the principal difference was difficult to secure, and Defendant 1 was paid a part of the existing investment funds with new funds, and Defendant 1 continued to receive an application for compensation without any awareness that the principal and the profits have been paid to the victim after May 203, 200.”

(2) Defendant 2

According to the above evidence, around January 2002, Defendant 2 worked for Defendant 1 as representative director of Nonindicted Co. 11 and auditor of Nonindicted Co. 1 from around March 2003 to around 18, 2003; Defendant 2, at around March 4, 2002, decided that Defendant 8, an applicant for compensation, who was the victim, started a transaction with Defendant 1; Defendant 8, an applicant for compensation, transferred investment money to Defendant 2’s account; around May 2002, Defendant 8, the applicant for compensation, was sent to Defendant 2; around September 9 to October 2002, Defendant 1 knew about the defect in the film company; Defendant 2, who was the victim’s application for compensation, was the victim’s management of the defective money; and Defendant 2, who was the victim’s application for compensation, did not have any sufficient reason to recognize this part of the facts charged, and thus, Defendant 2’s allegation in this part of the facts charged is insufficient.

2. Defendant 1

A. The point of fraud described in Nos. 55, 56, 57, and 58 of the list of crimes described in Paragraph 1-b of the crime

Defendant 1 asserts that he did not have invested KRW 70 million from September 24, 2003, KRW 100 million, KRW 30 million on September 25, 200, KRW 50 million on September 25, 200, and KRW 250 million on September 26, 200.

In full view of the evidence mentioned above in the 8's statement, 8's account (Account Number omitted), 3 books of our bank account (trial No. 138351, 2005-type No. 54900, No. 1, 6800), 8's account (trial No. 2004-type 138351, No. 2005-type 54900), Defendant 1 used the 14's account at the time of the instant case, 8's applicant for compensation, 70 million won and 10 million won on September 24, 2003, 30 million won on the 25th of the same month, and 50 million won on the 26th of the same month, and 250 million won on the 26th of the same month, there is no sufficient reason to acknowledge this part of the allegation.

B. Fraud of Nonindicted 21, an applicant for compensation filed by the victim stated in the facts of crime 2-B-B, 5, 4, and 21

Defendant 1 not only paid more amount than the investment principal to the above victims, but in particular, Defendant 1 cannot be said to have taken money by deceiving the above victims since Defendant 1 was aware of the nature of the fact that Defendant 5 and Defendant 4, an applicant for compensation, an applicant for compensation, are aware of the fact that Defendant 1 received investments from other investors and made investments and made profits to Defendant 1.

In light of the above facts charged, Defendant 1 led to confession in the court as to this part of the facts charged, and the facts charged are sufficient to be found guilty in addition to the above confessions. Therefore, this part of the allegation is without merit.

C. Fraud stated in paragraph (9) of the crime

Defendant 1, while borrowing the money from Nonindicted 9, demanded the victim Nonindicted 8 and Nonindicted 10 to provide him as a security or to provide a guarantee as described in paragraph (9) of the crime, Defendant 1 asserts that there is no intention to commit fraud because he provided a substitute security.

In light of the following: (a) Nonindicted 9 and Nonindicted 23 stated that the offering of real estate by Nonindicted 24 as collateral was an additional security for the interest and shortage during the period of the offering by Defendant 1; (b) Nonindicted 24 was unaware of who is Nonindicted 8; (c) Defendant 1 did not take the words “alternative security for Nonindicted 8; and (d) Defendant 1 stated that the offering of real estate was an additional security for KRW 670 million until December 31, 2003 (mutual omission); (b) Nonindicted 23 stated that the personal security was offered as an additional security for KRW 670 million; and (b) Nonindicted 1 stated that the personal security was offered as an additional security for KRW 40,000,000,000, which was submitted by Nonindicted 23 on May 9, 2005; and (b) Nonindicted 24) stated that the personal security was offered as an additional security for KRW 815,500,000,00 as collateral in the remarks column No. 43315.

D. Fraud of criminal facts 10

Defendant 1 argues that Defendant 1 did not intend to commit fraud since he stated in advance that the price would be provided as security rather than that it would be paid if he delivered the virtual products listed in the attached list 5 to the 8 applicant for compensation, and further, Defendant 1 stated in the attached list 5 No. 1 of the crime list was ratified ex post facto as to the provision of security by 8, the applicant for compensation.

In full view of all the evidence in the statements made in this court since the 8 investigation agency, the applicant for compensation of the witness, i.e., the applicant for compensation, i., the defendant 1 tried to deliver the above provisional products to the site, and there are different delivery dates. Therefore, the applicant for compensation can be recognized as having entered the warehouse at the time of market interest and the fact that 8, the applicant for compensation, i.e., the victim, entered the warehouse at the

In addition, according to the witness's statement 8, it is recognized that there was an ex post facto investment in relation to the part stated in No. 5 No. 1 of the attached list of crimes. However, this does not affect the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) that has already been established (the fact that Defendant 1 was ratified ex post facto on this part).

3. Defendant 2

Defendant 2 asserts that, with regard to the crime 1-A's criminal facts, Defendant 2 only came to know at the first time about November 2003, the victim's application for compensation, and there was no fact of acquiring money from Defendant 1, the victim's application for compensation in collusion with Defendant 1.

According to each evidence set out above, Defendant 2 was serving as the representative director of Nonindicted Co. 11 and auditor of Nonindicted Co. 1 at the time of the crime of this case, Defendant 1 received KRW 58 million from the victim’s applicant for compensation on August 5, 2003, KRW 58 million on September 17, 2003, and KRW 500 million from September 17, 2003. Defendant 2, at the request of the victim’s applicant for compensation on September 18, 2003, signed the above investment contract as the representative director of Nonindicted Co. 11, and delivered it to the victim through Defendant 1 through the victim’s applicant for compensation on September 18, 2003, and delivered KRW 50 million on September 17, 2003, and there is sufficient reason to recognize Defendant 2 as guilty of this part of the existing investment amount due to the aggravation of business environment.

1. On July 21, 2003, the defendants' application for compensation on July 23, 2003, each of the frauds and violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission

A. Summary of the facts charged

On July 21, 2003, as well as July 23, 2003, the Defendants conspired to deception 8, an applicant for compensation by means of crime 2-B, and received each KRW 100 million under the name of investment, agreed to pay the total amount of future contributions or the amount in excess thereof, and acquired the total amount of KRW 200 million.

(b) Markets:

Defendant 1’s legal statement, a copy of the statement of transactions in the bank account (three books of public trial) in eight (3 books of Korea), a copy of a passbook (138351 of 2004 type 1383, 5490 type 5490 type 68 type 200), a copy of a passbook in the name of eight (138351 type 1 of 2004 type 18, 172 type 1 of investigation records of 2005 type 500 type 1, 2005 type 5490), and there is no evidence that the amount of money was issued to Defendant 130 billion won under the name of eight (204 type 13835 type 1, 2005 type 5490 type 197 type 197). According to each of the above statements, there is no evidence that is an application for compensation from the bank account transfer No. 2013 billion won (200 billion won). 13 billion won).

Therefore, since this part of the facts charged against the defendants constitutes a case where there is no proof of facts constituting the crime, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, the judgment of

2. On November 14, 2003, Defendant 1’s application for compensation, Defendant 9’s violation of the Act on the Regulation of Fraud and the Act on the Regulation of Conducting Fund-Raising Business without Permission

A. Summary of the facts charged

Defendant 1 conspireds with Defendant 2 and gift certificates sales proceeds by attracting them to acquire them through deception. On November 14, 2003, Defendant 1, by deceiving Defendant 9 who is an applicant for compensation by means of the same manner as the statement of criminal facts 2-Ga stated in the office (title omitted) located in the Dong-dong Office of Jungwon-gu, the Government of Dongwon-dong on November 14, 2003, and agreed to receive KRW 250 million from the applicant for compensation as an investment deposit, and paid KRW 250 million in total or in excess of the future investment amount, thereby importing the investment amount, and acquired the above KRW 250 million.

(b) Markets:

According to Defendant 1’s legal statement, Defendant 1’s statement on March 31, 2004; Defendant 2’s statement on May 6, 2004 each of the suspect examination records (including the nine statement statement) and cash loan certificate (No. 138351, No. 205 investigation records No. 18, No. 2000), and the cash loan certificate (No. 138351, No. 200, No. 2000, No. 2090, No. 200, No. 2000, No. 2009, Nov. 14, 2003) to the effect that the victim’s application for compensation had not been issued KRW 200,000,000 to Defendant 105,000,0000,000,000 won, which was 205,000,000 won.

Therefore, since this part of the facts charged against Defendant 1 constitutes a case where there is no proof of facts constituting a crime, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found that Defendant 1 was guilty of a violation of the Act on the Regulation of Fraud and the Act on the Regulation of Conducting Fund-Raising without Permission, the judgment of innocence shall not be

The crime of this case is highly likely to cause damage by deceiving about 20 victims as if Defendant 1 conspired with Defendant 2 or by himself/herself to guarantee a high-income return on investment for about one year, and by deceiving about about KRW 21.9 billion, and is intelligent, and no effort is made to recover damage, except the money paid as a profit, and the nature of the crime and the circumstances after the crime are very good, so it is inevitable to sentence the Defendants to severe punishment.

However, there is no specific criminal history against the Defendants, and there is considerable amount of money paid to the victims in the course of the instant crime. In particular, Defendant 2 did not play a leading role in the instant crime or take a large portion of profits from the crime, and other various circumstances, such as the Defendants’ age, character and conduct, means and consequence of the instant crime, etc., shall be determined as ordered by taking into account the following factors.

[Attachment]

Judges Lee Jae-young (Presiding Judge)