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Defendant
A Imprisonment with prison labor for a period of two years and six months, each of the defendants B and C shall be punished by imprisonment for a period of one year and six months.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A and H are those who actually operated the J in the name of Defendant A’s wife I, and Defendant B was employed and worked as an employee of the above company, and after July 24, 2012, Defendant C was a person who served as a representative director of the above company, and Defendant C was a person who served as a director of the above company.
1. Around April 3, 2012, the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud, together with H, made a false statement to the victim F, who was employed by the K K as the same accounting staff of the company at the J office of Jung-gu Daejeon, Daejeon, that “it shall be distributed in the form of profit derived from the increase of one unit of the company's closing chain store, and if it invests a certain amount in the company, 5% of the investment amount shall be paid in cash as dividends on the date of investment, and 2.5% shall be deducted in the form of merchandise coupon, and the principal of the investment shall be 50% on the 6 business day from the date of investment and 50% on the 11 business
However, in fact, the Defendants and H did not have the intent or ability to pay the principal and dividends, etc. even if they received money from the victim F as investment money, because they had no choice but to depend on the investment of other investors in order to return the money received from the victim F. Therefore, even if they received money from the victim F as investment money, they did not have the intent or ability to pay the principal and dividends.
The Defendants conspired with H to deception the victim F and receive KRW 480,90,000 from the victim F for the purpose of making investments, as well as receiving KRW 480,90,000 from March 19, 2012.
9. By December 9, 199, as shown in the Schedule of Crimes:
A. Defendant A, in collusion with H, Defendant B, and C, has invested from 173 victims listed in the separate sheet of crime except for the victims listed in the separate sheet of crime Nos. 5, 45, 46, 47, 74, and 82.