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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On November 6, 2006, the Defendant was sentenced to imprisonment with labor for a violation of the Door-to-Door Sales Act, etc. at the Seoul East District Court, and on February 15, 2008, the execution of the sentence was terminated. On January 24, 2014, the Seoul Central District Court sentenced five months to imprisonment with labor for fraud, and the judgment was finalized on February 4, 2014.
From July 15, 2008, the Defendant has been running a real estate consulting business while operating a limited liability company B.
1. Any person violating the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, registration, report, etc. under Acts and subordinate statutes, shall not engage in the act of fund-raising business under the agreement to pay the total amount of investments in the future or the amount exceeding such amount of investments to an unspecified number of people without obtaining any authorization, permission, etc. under Acts and subordinate statutes. On January 1, 2009, the Defendant held a project explanation meeting with respect to the company's unsold apartment investment business, etc. at the above office located in Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as Seoul Metropolitan Government Office) and solicited the company to make an investment by paying a profit equivalent to 10% of the monthly investment amount and return the principal of the investment after three months.
On January 8, 2009, the Defendant received KRW 40 million from D to the deposit account (Account Number E) in the name of the Defendant in the bank in the name of the Defendant.
Accordingly, the defendant did the act of fund-raising without permission.
2. The Defendant was transferred KRW 40 million from the victim D on January 8, 2009, subject to the same conditions as the statement in paragraph (1) of the same Article.
However, the defendant needs large amount of funds without clear basic assets or capital in the state of bad credit standing at the time.