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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
From October 2015 to December 2012 of the same year, the Defendant is a person who has been in charge of soliciting investors in “B”, a similar receiving entity that receives money from many and unspecified persons as a gold trading fund.
No one shall engage in a business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration, making a report, etc. under other Acts and subordinate statutes, and agreed to pay the total amount of contributions or an amount in excess thereof in the future.
Nevertheless, from March 27, 2015 to December 15 of the same year, C et al., the chairperson of the said “B,” et al. agreed to the effect that “if investing money in gold trading business, it shall use such money for gold trading business and pay 120% of the principal of the investment under the pretext of the principal of the investment and the profit, etc. to four weeks from the enormous profit therefrom,” and received 1.85,105,500 won in total from investors, such as the above E et al. under the name of the investment, as indicated in the list of crimes in the attached Table.
In performing the act of receiving similar money as above, around October 2015, the Defendant explained the aforementioned investment to the said “B office,” and made E invest a total of KRW 100 million from November 28, 2015 to October 30 of the same month. The Defendant, who received 5% or 2% of the amount of investment received from the said company as investment attraction allowances, made it easier for the Defendant to commit the crime of the said “C, etc. by facilitating the act of explaining the investment to many unspecified persons who visited the said company, such as having received 5% or 2% of the amount of investment received from the said company as investment attraction allowances.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect concerning F by the prosecution;
1. G, H, C, I, J, K, L.