2019 Highest 787 Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Fraud

A women 74. Syeast

Freeboard (Criminal Prosecution), Term of Office (Public Trial)

Law Firm*

Attorney Lee Dong-hoon, Counsel for the plaintiff-appellant

August 30, 2019

A defendant shall be punished by imprisonment for not more than ten months.

Facts of crime

○○클럽은 불특정 다수인을 상대로 인공지능 프로그램인 ' 에어봇 ' 을 이용한 비트코인 거래로 수익을 창출하여 지급할 것처럼 광고하는 온라인상품을 다단계 형태로 판매하여 투자금을 교부받는 회사로 , 공소외 B ( 2017 . 10 . 25 . 구속 , 2018 . 10 . 31 . 서울고등법원에 서 사기죄 등으로 징역 6년 선고 ) 가 위 ○○클럽의 국내 1순위 판매자로서 위 온라인상 품 판매를 위하여 주식회사 ◎◎ ( 2016 . 10 . 4 . 주식회사 ○○클럽코리아에서 주식회사 ◎ ◎로 법인명 변경 ) 를 설립하여 운영하였다 .

From the end of November 2017 to April 2018, the Defendant operated Ulsan-gu** 00 00 o, and '○○ club Ulsan-si' on the Hybol-si. C (the suspension of indictment on March 15, 2019) who is the Defendant’s friendly living together managed the computer of the above branch. The Defendant and C provided an investment explanation on the online goods of ○ club to many unspecified persons, and offered to receive and receive the investment money from the Defendant’s account.

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

No person shall engage in a business without permission from, or without registration or reporting to, the competent authority to pay an amount of investment in the future to many and unspecified persons, in full or in excess of the amount of the investment, and shall engage in a business without delay in receiving the investment.

Nevertheless, the Defendant, around November 27, 2017, visited the above office at the “○○ Club Ulsan Branch”, provided that “the company called the “○○ club” has a chain in the whole world,” and collected profits from 120,000 won per account of non-coin. 7 to 200,000 won per day, payment of dividends of USD 10 to 2,100 won per month can be received for 19 months from 200,000 per month. The Defendant, upon recommendation of subordinate investors, provided that “the Defendant received 30,000 won in total from 30,000 won from 20,000 won per month, from 30,000 won per 2,000 won per month, and received 30,000,000 won per 30,000 won per account under the name of the Defendant from the victim.”

Accordingly, the defendant conspired with C to receive money for business without obtaining authorization or permission under the law.

2. Fraud;

Around November 27, 2017, the Defendant visited the above office at the “○○ club Ulsan Branch” located in the world, “○○ club” is a chain in the whole world. A non-coin computers, located in the headquarters headquarters, extracts a non-coin and generates profits. 1.2 million won per account. A non-coin is paid dividends of USD 7 to KRW 100,000 per day, and may receive profits of KRW 2.1 million from KRW 2,100,000 per month for 19 months. The Defendant guaranteed high profits exceeding 200,000 per month principal and recommended subordinated investors.

However, since the Defendant did not conclude a delegation contract with the above B on the operation of the Ulsan Branch, there was no plan to remit the invested money to the head office of the ○ club, and whether the ○ club can continue to pay high-income profits to the bitcos transactions by the 'FT', the Defendant issued an order for non-payment, and the profits on the ○○ club website are merely the so-called 'point', and there was no value in itself, and there was no return of the new investment money under the name of the previous investors. Thus, even if the Defendant received money from the victim as the investment money, there was no intention or ability to pay the same amount of profits as agreed.

The Defendant, by deceiving the victim as above, received KRW 3,600, and KRW 000 in total from 24 victims in the same manner from around that time to March 20, 2018 on the same day (30*****) from the Defendant’s Nonghyup Bank account in the name of Defendant, and received KRW 389,050,000 in total from around that time to March 20, 2018.

Accordingly, the defendant, in collusion with C, received property by deceiving victims.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 347(1) and 30(the point of fraud) of each Criminal Code, Act on the Regulation of Conducting Fund-Raising Business without Permission, 6

Articles 1(1) and 3 of the Criminal Act, Article 30 of the Criminal Act (the point of performing fund-raising business without delay), and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

In the crime of this case, the defendant did not enter into a delegation contract with B, a domestic corporation of ○○ club that sells multi-level online investment products, the virtual currency of which is not clear by using the social interest of the victim, and was detained in B, etc. on December 2, 2017. It was found that the defendant was detained in B, etc. on the charge of fraud. It was paid dividends or paid to the victim's head office of the ○ club where the victims' investment money was sent to B, and it was not used for the victim's collection expenses, but for the victim's investment money received from junior investors, the victim did not receive dividends from the victim's senior investors for a considerable amount of 0 billion won, and the victim did not receive dividends from the victim's investment money for an unspecified period of time, and the victim did not receive dividends from the victim's investment money for a considerable amount of more than 9 billion won, in light of the circumstances and circumstances of the crime of fraud and the total amount of money received from the victim, and the crime of this case was committed.

However, it appears that the defendant all committed the crime, even though he appears to have paid the victim a considerable amount of money in the name of the profit, the victims who attempted to gain high profits in a short period can be held responsible for the occurrence of the crime or the expansion of damage, the agreement with some victims after the prosecution, and some victims do not want to be punished against the defendant, there are no criminal records of the same crime, there are no criminal records exceeding fines, and there is no criminal records beyond fines, and there is no health attitude due to depression, and there is no other good attitude due to the defendant's age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account all the circumstances such as records and arguments.

Judges Park Sung-ho