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Defendant
A Imprisonment for four years, Defendant B and C shall be punished by imprisonment for two years, respectively.
Reasons
Punishment of the crime
[criminal history] Defendant A was sentenced to a five-year suspended sentence on October 7, 2015 by imprisonment with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts, etc. at the Suwon Friwon, and the said judgment became final and conclusive on February 18, 2016.
Defendant
B On August 12, 2015, after being sentenced to two years of suspension of execution on September 18, 2015 due to a violation of the Act on the Regulation of Similar Receiving Acts at Suwon Friwon, the said judgment was finalized on September 18, 2015.
[Criminal facts]
1. The public offering relationship and role of Defendant A is the actual representative of H Co., Ltd. (hereinafter “H”) who is an investment advisory firm in Gangnam-gu Seoul, Gangnam-gu, 10, and 13 floors.
Defendant
B is an incidental table of H interest for the representative director of the IS corporation that provides investment advice, etc. while broadcasting securities for paid members offered by H.
Defendant
C is the director and director of H and the director of marketing division.
In addition, Defendant A established H, recruited investors, used the investment money received from investors, etc., and managed the overall management of the company. Defendant B took charge of Defendant A’s business and personnel administration, etc., Defendant C provided investment explanations to unspecified investors using an investment trust agreement under the title “system use agreement” in which the term “the principal guarantee clause” was stated, while Defendant C provided investment explanations to the general public, and subsequently recruited investors to receive remittances from investors recruited by H financial designers.
2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business of raising funds from many and unspecified persons without obtaining authorization, obtaining registration, filing a report, etc., in the future, and agree to pay the principal in full or in excess thereof in the future, and receive any money under the pretext of deposits, installment savings, deposits, etc.
Nevertheless, there is a need to do so.