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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Status of the Defendant is the Vice-Chairperson of D Co., Ltd. established for the purpose of investment advisory business, etc. (hereinafter “D”), and E takes charge of external public relations, investment explanation, etc. of the said company, and takes charge of D’s business support headquarters, management support headquarters, education support headquarters, and business headquarters as a managing director of the said company, assist F who is the representative director of D, and takes charge of D’s fund management, investor management, etc., while G takes charge of the business support headquarters as a managing director of D, and H and I takes charge of the business explanation, payment of allowances, etc., while H and I took charge of investment recruitment, etc.
[Criminal Act] No person shall be allowed to engage in an act of receiving money, etc. from many and unspecified persons under the pretext of investment, etc. under the agreement to pay the full amount of investment or an amount exceeding the said amount without obtaining authorization, permission, etc. from the authority.
Nevertheless, the Defendant agreed to receive money from unspecified persons without obtaining authorization and permission from the competent authority in the future, by dividing the business activities such as investment recruitment, holding of investment briefing sessions, fund management, administration, so-called “foreign exchange margin transactions,” together with D’s representative director F, Executive Director J, K, Educational Director K, Management Support Department L, Management Support Department M, General N, General Secretary of the Education Headquarters, E, G, H, I, etc., and by making it possible for them to receive money.
Accordingly, the Defendant, along with F, raised enormous profit from April 28, 2008 to October 10, 2008 through the “foreign exchange margin trading” business in D against many and unspecified persons, including R, from the headquarters of the Guro-gu Seoul P building 902 and Q building 6th floor project presentation site, Busan branch office, etc.
investment in the project above.