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Defendants shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
1. On May 28, 2014, the Defendants: (a) at the office of “G” located on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government F building, the victim H recruited a small amount of shareholders for listing at G company; (b) the former unit is KRW 2.7 million per day; and (c) e-surines are accumulated every day if the purchase is made; and (d) KRW 4 million including the principal and interest for KRW 200,000,000,000,000 including the principal and interest for KRW 2.7 million per day if the purchase is made by the Center; and (b) the Defendants received from the victim each transfer of KRW 29.7 million on the same day and KRW 2.7 million on June 2, 2014.
However, the U.S. G G company is not only unclear in its substance, and the Defendants did not have any capacity or intent to pay the proceeds according to the promise, even if they received money from the victims because they were not related to the U.S. G company
Nevertheless, the Defendants conspired with the victim and received a total of KRW 32,40,000 from the victim as investment money.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission shall make a promise to pay the full amount of contributions or the amount in excess thereof in the future and receive the contributions without permission;
Nevertheless, the Defendants agreed to pay the amount exceeding the investment amount to H, and received the remittance of KRW 32.4 million.
As a result, the Defendants conspired to receive money without delay.
Summary of Evidence
1. Each legal statement of the witness H, I and J;
1. G prospectus;
1. G deposit account presented by the suspect A;
1. A member of the K Card: A written application for a member;
1. The center contract;
1. Operational rules of the Center;
1. Details of entrance fees from complainants;
1. Application of Acts and subordinate statutes concerning business explanation materials;
1. The Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; and Article 30 of the Criminal Act.