(영문) 부산지방법원 2008.8.26.선고 2008고단2984 판결

A defendant shall be punished by imprisonment with prison labor for a year and six months. The number of days under detention prior to the sentence shall be included in the above sentence.

Reasons

Criminal facts

Defendant,

1. From Jun. 15, 2007 to Aug. 6, 2007, X office located in Busan Annual Organization from Aug. 7, 2007 to Aug. 9, 2007 operated each company under the Busan Annual Organization from Aug. 7, 2007 to Aug. 9, 2007. The above company, as a similar receiver, agreed to invite investors for the purpose of attracting different types of games and attracting players, and to pay the recommended allowances to investors. However, the above company recruited investors by way of an agreement to pay them to the head of division, division, and team leader in the manner of attracting different types of games, and to pay them for 0.5 days from Oct. 15, 207 to Oct. 5, 2007, 200 to 0.6 days from Oct. 7, 2005 to Oct. 5, 2005.

2. A person agreed to pay the total amount of investment or the amount in excess thereof in the future without obtaining authorization, etc. or making registration, etc., and without delay, received a total of KRW 58,360,225 from V, etc. over 143 times at the same time and place as above, and received an investment without delay.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (each fraud, each choice of imprisonment), Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission (the occupation of fund-raising business without permission and the choice of imprisonment)

2. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.