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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Criminal facts
1. The Defendant is a person running “stock company D” in Daegu Dong-gu, Daegu, and the Defendant did not have any intention or ability to pay high-rate profits even if he received a short-term investment from investors, since the Defendant did not have any experience in running the business related to the electronic advertising board or damaged computer program restoration project, and the profitability of the said two projects is unclear, making it difficult to rapidly increase sales within a short time.
Nevertheless, the Defendant, at the above D office around December 4, 2009, told the victim E to pay twice the purchase fund invested within 6 months from the profits from the operation of the above DID purchase fund. The Defendant received from the victim E the remittance of KRW 11 million from the same day to the Korean National Bank account (F) on the same day, and acquired KRW 357,530,000 on 22 occasions from the above date to May 7, 2010.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without authorization, permission, or registration or report under Acts and subordinate statutes shall make payments of the total amount of investments or an amount in excess thereof in the future and engage in fund-raising business without permission, registration or report; and
Nevertheless, around December 4, 2009, the Defendant received KRW 11 million from E as investment money in the above D office in the above manner as above, and received KRW 357,530,000 through 22 times in total from the above date to May 7, 2010, and received KRW 357,530,000 from E as shown in the attached Form.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and H;
1. Each prosecutor's protocol of examination of the accused (includingG statements);
1. The police suspect interrogation protocol (including G, I, and E statements) of the defendant 1.