The defendant shall be exempted from punishment.

Punishment of the crime

[criminal power] On May 11, 2018, the Defendant was sentenced to three years of imprisonment for a crime of fraud, etc. at the Seoul Eastern District Court on September 28, 2018, and its judgment became final and conclusive on September 28, 2018, and on November 7, 2018, the Defendant was sentenced to two months of imprisonment for a crime of fraud at the same court and became final and conclusive on November 15, 2018.

【Criminal Facts】

The Defendant is the representative director of the “B Co., Ltd.” that received investment funds under the pretext of gold mine development projects, who has overall control over the affairs such as investment explanation, receipt of investment funds, and fund management.

The Defendant, around July 2016, at the office of the above company located in the Guro-gu Seoul Metropolitan Government C Building D, recruited investment funds to the victim E in order to develop the old-dried mine in Africa owned by the subsidiaries of the B Co., Ltd.. The Defendant stated that “In the event of investment, KRW 10,000 per share 10,000 per share, the share value shall be equal to KRW 5,000 per share after three years, and there shall not be an opportunity to make an investment at latest. The dividend shall be 100% of the principal amount, KRW 200% of the principal amount per two years, and KRW 890 per three years.” In the event of investment, the Defendant made a false statement that the said mine development will pay the profits.”

However, in fact, the foregoing gold mine business was operated in the form of so-called “fluoring” in which the substance of the business was unclear and that the business was paid to other investors with the money received from investors, and thus the Defendant did not have any intention or ability to pay the above high profit every year as agreed upon by the victim.

On July 29, 2016, the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim to the IBK Enterprise Bank Account (F) in the name of the Defendant, and received the total sum of KRW 58,780,00 from 6 victims over 18 times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E shall be confirmed.