2019 Highest 446 A. Fraud

B. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission

1.(a)(b)The Kim Representative, 61 year L, Agriculture

Housing Yangsan City

2.(a) Gambling computer, 87 years old, South, and North;

Housing Yangsan City

3.(b)Drawing, 68 years old, female, and corporation members;

Residence Kim Jong-si

4. (b) Kim business, 65 years old, South, and franchise;

Housing Yangsan City

5. Solicitation, 63 years old, female and insurance solicitors.

Housing Yangsan City

Kim Sang-sung (Court of Appeals), Man-Choon (Court of Public Trial)

Law Firm O (for the defendant Kim representative and Park Il-young)

Attorney Kim Kim (Presiding over the defendant's lecture, Kim business, and recruitment of stone);

July 10, 2020

[Representative of Defendant Kim Jong-hwan] Imprisonment with prison labor for a period of two years and six months.

[Defendant Park Il-young] Imprisonment with prison labor for a period of one year and six months.

[In the event that the above fines are not paid, the above Defendants shall be confined to a fine of KRW 2,00,000,000,000. The above Defendants shall be confined to a workhouse for the period of converting the amount of KRW 100,000 into one day, for the period of converting the amount of KRW 1,000 into one day.

In fact, COBCCD is a company that sells online products advertising as if profits are generated through transactions using bitcos using artificial intelligence’s “AI computer” and pays profits, and Defendant Kim Kim representative plays the role of recruiting investors as representatives of the above multi-stage sales company, and Defendant Park Jong-chul takes charge of the “electronic affairs” to register the ○○ SPCC account, such as investment fund management and dividend, and Defendant Park Jong-chul is a person who is an instructor who was organized by the above Kim representative and was in charge of the duties of attracting investors of ○○ SPC club.

1. Fraud (Defendant Kim representative, Defendant Park Jong-young);

From January 2018 to 200, the Defendants recruited investors to enter the above 00 U.S. non-profit 20% of the total amount of money paid by the investors to 000 U.S. 200 U.S. 200 U.S. 200 U.S. 200 U.S. 200 U.S. 200 U.S. 100 U.S. 200 U.S. 100 U.S. 200 U.S. 100 U.S. 100 U.S. 200 U.S. 100 U.S. 200 U.S. 200 U.S. 100 U.S. 200 U.S. 208 U.S. 300 U.S. 200 U.S. 200.).

2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (Defendants);

No one shall make an agreement to pay the total amount of investment or an amount exceeding it to an unspecified number of persons in the future without obtaining authorization or permission under other Acts and subordinate statutes or making registration or report.

From January 1, 2018, Defendants conspired to pay an amount exceeding the investment amount in the future in the same manner as indicated in paragraph (1) and agreed to receive a remittance of KRW 2,400,000 from investors Kim Jong-hoon, as well as an act of receiving a total of KRW 6,825,32,00 from the above date to September 4, 2018 as an investment amount, such as the statement in the list of crimes (Omission).

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act (In general, referring to imprisonment with prison labor for Defendant Kim representative and Park Computer; commission of fines for the recruitment of Defendants’ lectures, detention of Defendant’s lectures, Kim business, and stone recruitment)

B. Defendant Kim Representative and Park Computer: Articles 347(1) and 30 of the Criminal Act (to select imprisonment with prison labor for the above Defendants)

1. Aggravation for concurrent crimes;

Defendant Kim, and Park Computer: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant lecture, Kim Jong-chul, Park Il-young, and defense counsel’s argument on the assertion of Defendant Kim Jong-, Park Il-young, and counsel under Articles 70(1) and 69(2) of the Criminal Act. Defendant Kim Jong-chul, Park Il-young, and defense counsel acknowledged the facts charged against the victims, but Defendant Kim Kim-young’s act does not constitute an act of receiving money without permission. The following facts and circumstances acknowledged by each of the aforementioned evidence reveal that the Defendants agreed to make an investment against the victims, i.e., the profits from opening the principal amount. 10 bit clubs’s investment products under the premise of multi-level structure, i.e., high rate recommendation allowances, bonus, rating allowances, etc. are commercialized so that they can obtain high profit in excess of the principal amount, and thus, ○○-computer’s actual receipt or payment of money without permission by the attorney’s consent to receive money in the future is not clear or unclear.

Reasons for sentencing

1. Defendant Kim representative, and Park Il-young Defendants made a confession of the crime of fraud, and there is no record of punishment so far. However, Defendant Kim Jong-dae plays a key role in recruiting investors despite being aware of the detention of the arrest of the head who is a domestic corporation of the ○○○ My clubs. Defendant Park Jong-dae was in charge of computer-related affairs, such as the management of investment money and the distribution of dividends, and the Defendants led to the instant crime; Nonindicted investors’ investment funds were not sent to the head office of the ○○ My clubs and were used to pay dividends to senior investors in so-called so-called return prevention, and received money exceeding KRW 6.8 billion from many victims. Since most subordinate investors other than some senior investors did not recover from damage properly, it is inevitable to sentence sentence corresponding to the relevant crime liability. Moreover, the Defendants’ age, environment, motive and consequence of the crime, the means and consequence of the crime, the victims, the circumstances of the crime, and the occurrence of a short-term increase in the scope of the punishment for the crime of this case and some other factors.

2. The punishment of fine is imposed as ordered by taking account of the following factors: (a) the Defendants were led to the confession of all the instant crimes; (b) there was no history of punishment so far; and (c) the degree of participation is minor compared to the Defendants; and (d) the Defendants’ age, environment, motive for the commission of the crime; (b) the means and consequence of the crime; and (c) the circumstances after the commission of the crime.

Judges Kim Gin-Un