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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
1. An act of raising funds from many and unspecified persons without obtaining any authorization or permission, making any registration or report, etc. under the Act on the Regulation of Conducting Fund-Raising Business without Permission, and any fraudulent person shall be prohibited from receiving any money under the pretext of any deposit, installment savings, installment savings, deposit, etc., pursuant to the provisions of other Acts and subordinate statutes, and making an agreement to
The Defendant borrowed an office from the second floor of the Daegu Suwon-gu C building in the name of “D” on the Internet, and operated the site (E) under the above name on the Internet, and the Defendant has been working for a F University, in addition to the principal guarantee, was capable of paying high-interest profits. The Defendant promoted as if the said company was a corporation with the authority registered with the competent authority, to raise funds from many and unspecified persons.
However, there was no fact that the defendant was not in the F University, and there was no ability to pay the principal and interest, and there was no fact that the above company was registered with the competent authority or registered as a stock company.
Around February 2, 2009, the Defendant: (a) around February 2, 2009, at the above office, received a high rate of KRW 10 million from the victim G for the same purpose; (b) and (c) as indicated in the attached list of crimes, received a remittance of KRW 10 million from the victim on the same day; and (d) carried out an act of fund-raising of KRW 2,150,220,000 through 127 occasions from that time to November 22, 2010; and (c) acquired money by fraud.
2. When the funds are insufficient while the Defendant was engaged in the act of fund-raising without permission as stated in Paragraph 1, the Defendant borrowed the funds without any intent or ability to repay the funds. On July 2, 2010, 60 million won from the victim H and 90 million won from the same victim on August 11, 2010;