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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
As the representative director of C in Gangnam-gu Seoul Metropolitan Government 5th floor, the Defendant, as the representative director of C in the Gangnam-gu 5th floor, planned to lend money to many unspecified people in the name of “D” and “D”, “for a short term, the Defendant grants principal and high-amount dividends” and to receive money. The Defendant, as the representative director, was in general in charge of the business as the Defendant, managed the funds by exercising overall control over the Defendant’s business as the representative director, E, as the head of the Busan Center, intended to hold an investment presentation meeting as a management director and to provide business support for investors with meals and alcohol, and F, as a managing director, was also a general executive director, provided a business support for holding an investment presentation meeting and having contact with investors, and conspired to play a role of encouraging and inspecting investors, respectively, by making a tour of each nationwide center.
The Defendant, E, F, and G made an investment of KRW 50,000 won from investors at the end of June 2008, 10 percent of the investment amount per share shall be paid in principal and profits for 13 weeks, 10 percent of the investment amount per share shall be paid in principal and profits for 14 weeks, and 10 percent of the investment amount per share shall be paid in principal and profits for 10,000 won if the investment is made in 10,000 won of the investment amount for 10,000 won, 10 percent of the investment amount per share shall be paid in principal and profits for 15 weeks.
In accordance with the above public offering, the Defendant and E, F, and G provide a business explanation to the victim H that “if investing KRW 500,000 per unit of investment, the Defendant and E, F, and G will pay KRW 10,000 to each share of investment, i.e., KRW 50,000,000,000,000 to the VIP customers or to the D “D” franchise.”