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A defendant shall be punished by imprisonment for six months.
except that 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
No one shall engage in any fund-raising business without obtaining authorization, permission, making registration, reporting, etc. under other Acts and subordinate statutes for an unspecified number of persons to pay the total amount of their investments or an amount in excess thereof in the future and without making such an agreement.
Nevertheless, on May 21, 2013, the Defendant received or delivered in cash the total amount of KRW 14,9230,000 to all five investors, including the receipt of KRW 3 million from E to the Defendant’s post office account in the name of the Defendant, from November 30, 201 to November 21, 2013, by stating that “When investing money in futures option, the principal shall be paid 10,000 won per month and the principal shall be returned” from the D Weather Institute located in the Jung-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City.
As a result, the Defendant agreed to pay the total amount of investment or the amount exceeding it to the five investors in the future without obtaining authorization or permission or making registration or report under the laws and regulations, thereby receiving a total of KRW 14,923,00 won.
Summary of Evidence
1. Defendant's legal statement;
1. Part of E in the police interrogation protocol against the defendant
1. Statement of the police statement of F, G, H, and I;
1. Each financial data, etc.;
1. Application form for membership;
1. Application of Acts and subordinate statutes for investigation reports (in the name of J and addition of details of accounts A);
1. Articles 6(1) and 3(Overall) of the Act on the Regulation of Conducting Fund-Raising Business without Permission under the corresponding Act on Criminal Facts, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution [Consideration of the first offense, reflectivity, scale of the offense, details of the offense, process of performing transaction, degree of intent of the investors for punishment, agreement or deposit with some investors, etc.];