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A defendant shall be punished by imprisonment for not less than eight 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
The defendant is the representative of the Dispute Resolution D Co., Ltd. in Seoul Special Metropolitan City, which was established around December 2016, and D is a company established with the purpose of installing a casino game steo in the Philippines and transmitting the game online.
1. Around December 2016, the Defendant said, through E, the victim F, who was in charge of investor recruitment in the building B in Gwanak-gu, Seoul Special Metropolitan City, to the effect that “If the Defendant invests the amount of KRW 10 million in the Dispute Resolution D, the sum of the principal and interest shall be KRW 3,500,000 per day and KRW 45,000,000,000 per day, shall be paid to the sum of the principal and interest.” Since there is a lot of profit in our company
However, in fact, the Dispute Resolution was unable to make profits through the business, such as failure to establish a game steis, and it was difficult for other investors to pay the principal and interest when the principal and interest are paid through a 'comprehion' term in which interest is paid by receiving money from other investors. Thus, even if an investor receives an investment from the victim, it was difficult to continue to pay the principal and interest unless the investor receives the investment money from the victim.
Nevertheless, the Defendant, as above, received from the victim the amount of KRW 9 million on December 28, 2016, KRW 8 million on December 29, 2016, KRW 8 million on December 31, 2016, KRW 16 million on January 21, 2017, KRW 8 million on January 4, 2017, KRW 8 million on January 8, 2017, KRW 18 million on January 12, 2017, KRW 18 million on January 18, 2017, KRW 7 million on January 2017, and KRW 7 million on January 2017.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under Acts and subordinate statutes, or making a registration or report under the same Act and subordinate statutes, shall engage in the act of fund-raising business without permission, making an agreement to pay the total amount of investment or an amount in excess
Nevertheless, the defendant is against the victim F in the same manner as that mentioned in paragraph 1 at the time and place mentioned in paragraph 1.