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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a representative director of the company B, who has a general control over the recruitment and management of investors, and C is a person who has proposed the business to the defendant with no charge of the above company and has been in charge of the management of the game room.
1. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or making a registration under the finance-related Acts and subordinate statutes shall not receive any money under the pretext of making an investment, or receiving any money under the pretext of deposit, installment savings, deposit, etc., while engaging in the business of raising funds from many unspecified persons
Nevertheless, in collusion with C, the Defendant, from December 2012 to January 2013, indicated that “In order to raise funds for the operation of the game room in B offices located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant received loans from E and other unspecified persons, such as E, for legitimate sea-based game site business, and is legally lawful, and thereby is in operation upon receipt of the Ambrid from KT. The Defendant received 100,000 won per day. In the event of an investment in this project, the Defendant made a profit-making one million won per day, and guarantees the profit of KRW 2,00,000 per month except Saturdays and Sundays, and pays the principal three months after the date of investment.” From December 28, 2012, the Defendant received 10,000 won from E and 10 million won per day from F around January 22, 2013.
2. In collusion with C, even if the Defendant received investment money from the victim E and F, it is unclear whether the Defendant would actually operate the game room and return the principal after three months, as if the victims promised to do so, or whether the amount of the investment money received from the victims was to be paid as the profits of the investors. However, even if the Defendant did not intend to receive the investment money from the victim E and F, the amount of the investment money received from the victims was to be paid as the profits of the investors.