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Defendant
A shall be punished by a fine of KRW 3,000,00, by a fine of KRW 1,000,000, by a fine of KRW 1,000,00.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the chairperson of the IMo Park, the defendant AC, and the defendant AD, a company established for the purpose of selling a charnel house in Daejeon Jung-gu, Daejeon, the purpose of which was to sell a charnel house.
Defendant
A In operating the IMo Park, Co., Ltd., explained its investment to ordinary employees and investors, and around October 29, 201, Defendant AC and D received KRW 10 million as investment funds equivalent to KRW 20 million from AA on December 30, 2012 if they invest KRW 5 million equivalent to the 1% equity in the office of the IMomo Park, Co., Ltd., Ltd. on or around October 29, 201. The following facts: “If they invest KRW 5 million equivalent to the 1% equity, they shall be paid KRW 20 million on December 30, 2013; KRW 20 million on December 30, 2013; and KRW 50 million on December 30, 2014.”
As a result, Defendants conspired to receive contributions from many and unspecified persons in the future without obtaining authorization, permission, registration, reporting, etc. under Acts and subordinate statutes, and agreed to pay the total amount of contributions or an amount exceeding the amount of contributions in the future, and received contributions as a business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of the witness AA, AE, and AB;
1. Determination as to the Defendants’ assertion of the share agreement (No. 20 to 33 of investigation records)
1. The legislative intent of regulating the Defendants’ assertions without obtaining permission or authorization under related Acts and subordinate statutes lies in protecting good traders and establishing a sound financial order by regulating the raising of funds under the pretext of investments, etc. from many and unspecified persons. In light of such legislative intent, not only raising funds from those who do not have any awareness, such as soliciting investors through advertisements, but also raising funds by soliciting direct investments from those who know that they are aware of such fact, the structure or nature of the act of raising funds.