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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 24, 2013, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and such judgment became final and conclusive on June 25, 2014.
[2014 Highest 3301] Defendant has substantially operated D Co., Ltd. on the second floor of Gangnam-gu Seoul Metropolitan Government C building.
1. Any person is prohibited from performing the act of fund-raising without delay, but the defendant has mineral quality called E, etc. in the above office around April 12, 201, and he/she may create high profits when developing and selling cosmetics, fries, additional products, etc. containing such mineral quality.
If an investment of KRW 3.6 million per unit of the project above is made, 3.6 million won per week from the next week after the investment will be repaid in 120,000 won per share, and 3.6 million won per share by using a credit card terminal on the same day shall be settled by using a credit card terminal (F) and as shown in the attached list of crimes, E and G shall be provided with an investment of KRW 10,80,000 per share for three times in total as shown in the attached list of crimes;
2. The facts were received from the victim E and G a total of KRW 108 million as described in the above paragraph 1 even if the victim E and G did not have the intent or ability to distribute the profit even after receiving the investment money from the victim E, etc.
[2014 Highest 4232]
1. The Defendant’s fraud is a situation in which the product nature of the cosmetics handled by the said Company D is low and the sales network is not established. Since the capital is insufficient, no high profit can be generated even if the cosmetics are sold. Ultimately, it is a structure in which the principal and interest of the investment of the existing investors cannot be paid with the investment money of the new investors or re-investmenters, and the investment principal can not be repaid upon a certain period of time. Thus, even if the money is paid from investors as investment money for cosmetics sales business, the intent or ability to pay the principal as well as the profits exceeding the principal.