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Defendant
A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.
Each of them applies for compensation to the applicant.
Reasons
Punishment of the crime
Defendant
A (formerly, from May 10, 2010 to December 3, 2012, as the representative director of L Co., Ltd. (hereinafter referred to as “L”) operating investment advisory business, etc. at the 1507 lighting place in the Seocho-gu Seoul K Building (hereinafter referred to as “K”), (i) held office as the representative director of the corporation operating investment advisory business, etc., overall management of the duties of entering into investment contracts, including stocks, etc., and (ii) Defendant B, while holding office as L’s director from August 18, 2010 to December 3, 2012, was in charge of L’s financing management, investor consultation, and contact with each other, such as executing funds by receiving L’s funds from his/her account in his/her name.
From September 2010, the Defendants traded items, such as stock futures options, without obtaining authorization and permission under the laws and regulations, and operated the investment money. However, the Defendants decided to invite investors on the condition that they guarantee the principal and profits by paying the profits accrued from the return of the agreed return rate during a certain investment period, and returning the investment principal upon the lapse of the investment period.
1. The Defendants in fraud received a total of KRW 340 million from M, etc., as indicated in the attached Table 1 through 15, on 15 occasions from Oct. 1, 2010 to Jan. 13, 201, an investment amount of KRW 340,000 from M, etc. under the condition that the aforementioned principal and profit security was guaranteed over 15 times from M, etc., but at the same time, the directors N and the directors in charge of stock investment were set aside on December 12, 2010. At the same time, most of the employees were set aside, and the company’s operation was de facto suspended. Furthermore, upon N’s withdrawal, the Defendants were required to return the principal and interest of investment upon termination of the investment contract from M, etc., including M, who invested with N from Dec. 21, 201 to Jan. 13, 201, Defendant A did not fully return the investment amount of KRW 700,000,00.
As such, the obligation to return the investment amount is not fulfilled.