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Defendant
A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 6 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A was sentenced to imprisonment with prison labor for fraud, etc. on January 26, 2012 by this court, and the above judgment became final and conclusive on January 31, 2013.
Defendant
A was the actual representative director of the corporation E located in Chungcheongnam-gun, Seoul, from August 31, 2011 to April 6, 2012, and Defendant B was the head of the said corporation’s Gwangju Center.
1. The joint principal offender (violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission) of the Defendants shall be prohibited from performing the act of fund-raising without permission from the authorities that make the full payment of the investment amount or the amount exceeding it in the future and without permission from many and unspecified persons; and
Nevertheless, the Defendants conspired with the authorities, without obtaining authorization or permission from the authorities, and received the second floor of G nearby building in Gwangju-dong-gu, Gwangju metropolitan center, etc., and explained, “Co. E is a company that creates a lot of profits by operating an excessive manufacturing plant. When investing money under the pretext of investment in the above business, the said company shall invest the money in the above business and thereby, shall pay 1,100,000 won per share of 1,300,000 won per share of the investment for 13 weeks.” The Defendants received 163,419,000 won per share of 1,30,000 won per share of the investment money from the victim H, etc. under the pretext of investment from the victim H, etc.
2. Even if Defendant A (Fraud) is paid KRW 1.1 million per investment account from investors of Defendant E Co., Ltd. for the purpose of investment, there is no profit-making business that can definitely pay the above high-rate profits from such investment account, there is no fund invested in the above profit-making business, and there was no profit-making business.
Therefore, it pays high-interest profits from senior investment funds as above.