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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment for a period of two years and six months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and six years) of the lower court is too unreasonable;
2. The judgment of Defendant A is the representative of a similar recipient company. Defendant B, as a business director, guaranteed a large rate of profit through debt collection to many unspecified persons without any special experience in self-sufficiency and debt collection. In light of the following: (a) attracting investment funds; (b) by operating a similar recipient company; and (c) obtained a large amount of money exceeding five billion won, Defendant A was not guilty; and (d) the Defendants were working as the head of the business team in K, a stock company, which is a similar recipient company operating a business in the manner similar to the instant case, around 2010, and the AS, which was the actual representative of the company, was bound by the violation of the Act on the Regulation of Conducting Similar-Raising of Funds, etc.; (b) even if it appears that the company was aware that there was a problem in the instant business method, it was committed the instant crime after establishing a separate company; and (c)
However, the Defendants: (a) all of the facts constituting the instant crime in the trial at the trial; (b) the fund raising as a result of fund-raising activities without delay, and (c) more than KRW 2.2 billion was repaid to the victims; (b) the considerable portion of the investment amount was used as a business employee’s allowance and a dividend for the investment amount; and (c) the Defendants used the profits accrued from the disposal of non-performing loans during the trial at the instant case for the compensation of damages to the victims; and (d) specifically, even while the Defendants were bound by the instant case and were under trial, the Defendants used the remainder of KRW 80,000,000,000 for the recovery of damages to the victims, excluding the costs of the lawsuit, by having the re-stock company sell the non-performing loans held by the re-stock company through AH.