【2017 order 2781】

1. On July 2015, the Defendant: (a) around the end of July 2015, at the D office where the Defendant in Gangnam-gu Seoul, was the representative of the Defendant, “If making an investment, he/she imports the name from the investment money, and provides it as security for the third financial rights; (b) the Defendant provided the third financial rights with the name of the goods provided to other wholesalers.

If investments are made, 10% of each month of investment shall be paid as dividends.

When the principal is returned due to the request, it was false that the principal is returned without any conditions two weeks after the return.

However, the fact is that there was no profit from the investment made after the defendant imported a well-known article and provided it as a collateral, and there was no intention or ability to guarantee the payment of the compensation and the principal to the victim even if the defendant received the investment from the injured party, since it is inevitable to take a method of paying the investment money from the priority investors and redeeming the principal of the investment by using the investment money kept by the priority investors.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim as investment money on August 18, 2015; and (c) received KRW 10 million from the agricultural bank account in the name of the Defendant under the same name as of September 17, 2015; and (d) received KRW 120 million from 16 victims to April 10, 2015 to April 1, 2016 in the same manner as shown in attached Table 1 of the List of Crimes in the same manner as in attached Table 1.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall commit any act of receiving investments under an agreement to pay the total amount of investments or any amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and subordinate statutes;

Nevertheless, the defendant would, at the same time and place as above, guarantee the principal of the investment to E.