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Defendant
A Imprisonment for four years, Defendant B and C shall be punished by imprisonment for ten months.
However, from the date this judgment becomes final and conclusive, respectively.
Reasons
Punishment of the crime
Defendant
A on April 2, 2009, the Daegu District Court sentenced four years of imprisonment for fraud, etc. and passed on May 25, 2012 during the execution of the sentence, paroled on September 28, 2012.
Defendant
From July 2014, A operated a vending machine manufacturing and distribution company with the trade name “I” in Busan Northern-gu G and Geum-gu, Busan-gu, and Defendant B had been in charge of marketing from September 2014 to Defendant B, and Defendant C had been in charge of attracting investors since August 2014.
From the above point of time, the Defendants intended to invite investors on the condition that they guarantee the principal and profit by operating the investment fund through the vending machine business and paying the profit according to the agreed return rate during a certain investment period, and returning the investment principal upon the lapse of the investment period.
[2015 Highest 5424] [Defendants]
1. Around October 14, 2014, the Defendants conspired to publish an advertisement “J” at the office of the above company, and Defendant B, at the rice Luxembourg market, etc., which is a regional information source, and made a false statement to the victim K that “ our company is operating a business leasing coffee vending machines with advertising scrap installed, but it makes an investment of KRW 3,300,000,000,000,000 per own value per advertising machine, each share shall be paid, and the contract shall be renewed if it returns the invested principal or desires to return the investment principal upon the expiration of the contract period of six months to one year.”
However, all of the vending machines purchased from, or leased and managed by, the companies of the Defendants are more than 40,000, and each vending machine is attracting investors in duplicate. The earnings per unit are more than 1 million won per month, and the profits per unit are more than 1,00,000 won per month, and an investor is continuously operating a business structure, which appropriates the existing investors' principal and interest with the investment funds received from new investors