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A defendant shall be punished by imprisonment for one year.
However, 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
1. On March 2013, the Defendant made a false statement to the victim E that “The victim E will take over and complete the H Hospital located in the city of the original city where the construction was interrupted, and would make profits by selling it to the doctors. The money invested in the H Hospital is KRW KRW 100,000,000, and the current lien is in the exercise of the right of retention. When investing in the above project, the Defendant would pay the 10% profit each month and guarantee the principal at least four months after the date of the investment.”
However, the defendant did not have the intention or ability to accept the above hospital, and there was no intention or ability to return the investment amount as promised to the victim, and there was no intention or ability to return it to the above hospital.
On April 22, 2013, the Defendant, by deceiving the victim as such, received KRW 20 million from the five victims total sum of KRW 13 million from the five victims, as described in the attached crime list, for investment in the name of the Defendant, from the victim, as well as from November 5, 2013.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without authorization, permission, registration or report shall agree to pay the total amount of investments or an amount in excess thereof in the future for the business of raising funds for investment from many and unspecified persons without permission, registration or report, and shall engage in any fund-raising business without permission.
Nevertheless, as described in paragraph (1), the Defendant paid 10% of the monthly investment amount to E, and agreed to pay 100% of the principal after four months and received 20 million won from E on April 22, 2013, as well as by the above method until November 5, 2013.