Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
To the extent that it is not likely to seriously disadvantage the defendant's exercise of his/her right to defense, part of the facts charged is recognized differently from the facts charged.
"2018 Highest 6658"
1. On August 22, 2016, the fraud Defendant made a false statement to the victim D at the (ju) C office located in Gangnam-gu Seoul Metropolitan Government, stating, “If he/she is engaged in EM business and invests ten million won in the EM business, he/she will pay 12 million won per share to the Fund in the form of fund and pay 2 million won per share for six weeks.”
However, even if the defendant receives investment money from the victim, he was used only for the business such as the pre-existing lodging drinks of the defendant, not for the business, and did not have the intent or ability to reduce the profits to the victim through the fish farming business.
Defendant, from the victim on August 22, 2016, KRW 1 million around August 22, 2016, and the same year.
9.5.Written, around one million won, for the same year.
9. Around September 9, 200, a total of KRW 11 million was received from four victims as shown in the list of offenses, including the receipt of KRW 9 million.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission shall make a promise to pay the full amount of contributions or the amount in excess thereof in the future and receive the contributions without permission;
Nevertheless, on August 22, 2016, the Defendant agreed to pay D, as described in the preceding paragraph, an amount exceeding its capital contribution in the future, and from that time, the same year.
9. By September 9, the recipient received KRW 52 million from four victims in the same manner as indicated in the attached list of crimes, including the receipt of KRW 11 million from the time of receipt.
"2019 Highest 2287"