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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 27, 2017, the fraud Defendant made a false statement to the victim D who visited the above office at the second floor office of the building in the vicinity of the exit No. 1 in Gwanak-gu in Seoul Special Metropolitan City, the Seoul Special Metropolitan City, “On the one hand, our company shall import the above office at a low price in a foreign country and sell it at a low price in the Republic of Korea. When investing KRW 10 million, 500,000,000,000 won per day, including the interest rate of KRW 25,50,000 per month, every 25 months.”
However, the Defendant did not have sold the money by receiving the money, and even if receiving the money from the victim, the Defendant did not have the intent or ability to repay the interest and principal by selling the money as above.
As above, the Defendant deceptioned the victim and received two million won as a check from the victim, namely, the check, and received three million won in cash on June 30, 2017, and received eight million won in cash on July 5, 2017.
Accordingly, the defendant was given property by deceiving the victim.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under the finance-related Acts and subordinate statutes shall not receive investments from many and unspecified persons;
Nevertheless, if the defendant invests 10 million won to D as described in paragraph 1. Paragraph 1., he will pay 12.5 million won including 25% of the principal.
‘Along with the business explanation and solicitation of investment, ‘Along with the total of 13 million won from the D', it agreed to pay the investment amount in the future to many and unspecified persons in full or in excess of the investment amount.
Accordingly, the defendant was engaged in the business of fund-raising without obtaining permission.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution;
1. Statement made to D by the police;
1. Cash receipts, and