Defendant

A. Each of the crimes listed in Section 1-A of the judgment of the court below is punished by imprisonment with prison labor for one month, and each of the crimes listed in Section 1-b of the judgment.

Punishment of the crime

[criminal record] Defendant A was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on September 26, 2012, and the judgment became final and conclusive on October 5, 2012. On March 28, 2013, Defendant A terminated the enforcement of the sentence at the Seoul Detention Center. On September 24, 2014, Defendant A was sentenced to a suspended sentence of two years of imprisonment for a crime of fraud at the Seoul Central District Court for six months, and that judgment became final and conclusive on October 2, 2014.

Defendant

AP was sentenced to four years of imprisonment for fraud, etc. at the Incheon District Court on February 28, 2017, and the judgment became final and conclusive on July 8, 2017.

[Criminal facts]

1. 2017 high group 6311

(a) No person (1) shall engage in the business of receiving similar receipts of contributions from an unspecified number of unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, obtaining permission, making registration, making a report, etc. under other Acts and subordinate statutes;

Nevertheless, on May 9, 2013, the Defendant issued a delivery of KRW 120,00,000 from the victim AU on May 9, 2013, to investors, such as the victim AS farming association office located in Gangnam-gu Seoul ATS 1812, stating that “if the Defendant has invested money in the business of growing blue, he/she will make an investment in the business of growing blue with the money, and return the amount equivalent to 120% of the principal amount after 45 days from the date of investment in the business of growing blue with the huge profits arising therefrom.”

Accordingly, the defendant committed a similar receiving act without obtaining authorization or permission under the law.

(2) At the same date, time, and place as mentioned in paragraph (1) above, Defendant 1 made a false statement to the victim AU to the effect that “When investing money in the blusation project, investing the money in the production of Blusation and products, and return an amount equivalent to 120% of the principal after 45 days from the date of investment to investors with huge profits therefrom.”

However, the facts are.