A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 7899]

1. The criminal defendant against the victim C was the owner of the motor vehicle export company in Gangnam-gu Seoul Metropolitan Government (State) E investor recruitment book, F was the above E representative director, and G was the head of the Gangnam-gu Center.

The Defendants solicited investors to make an investment as if they would pay high-rate profit such as tax refund, etc. by exporting cars, thereby soliciting investors to acquire money.

Accordingly, G around the end of March 2010, in preparing a contract for export of motor vehicles with the victim C introduced by the Defendant and the victim, “The company is a company exporting the motor vehicle, and the company will pay 10% of the principal of the investment as profit and return it when the principal is changed.

“A false statement” was made.

However, there is no intention or ability to make investors gain profits from the agreed high rate of profit, unless there is a new investment, at the end, in the circumstances where a person who made an investment in the first place is paid a profit from the investment money for the reason that there is almost no actual export of a motor vehicle, and the export of a motor vehicle is suspended by taking control of the violation of the Act on the Regulation of Similar Receiving Activities from the Dongjak Police Station around March 8, 2010, and thus, there was no intention or ability to return the profit due to tax refund, etc.

Nevertheless, the Defendant, F, and G made a false statement as above, G transferred to F the remainder of the money excluding the allowances, which was collected by the Defendant through the Defendant on March 28, 2010 from the damaged party, with the exception of the allowances. On April 26, 2010, the Defendant, F, and G transferred to F the remainder of the money excluding the allowances, which was received by the Defendant with the Defendant, from the Saemaeul credit cooperative in the Dong-dong, Chungcheongnam-dong, Seoul, together with the Defendant.

Accordingly, the defendant received the property of the victim in collusion with F and G.

2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall obtain permission.