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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. In collusion with C, on September 2012, the Defendant: (a) in the office of “E Office” located in the Yeongdeungpo-gu Seoul Metropolitan Government Office of D Building 604; (b) even if the Defendant received investment money from the victim F, the Defendant invested this money to the said office and did not have the intent or ability to pay the principal and profit; and (c) there was no fact that the Johman of the Chinese State Notes operated the said E, the Defendant stated that “E is a company with its head office in China, and is a legitimate company operated by the Johman of the Chinese State Notes in China. If the Defendant invests KRW 1.20,000 won per Gu office, it would be paid by adding 20% to the investment principal to the investment principal.” On the same day, the Defendant obtained 2.9 million won from the victim to the corporate bank account (I) in the name of the Defendant’s father, and acquired it by fraud from the victims over the total amount of KRW 806,006 from August 22, 2012 to December 16.
As a result, the Defendant, in collusion with the above C, deceiving others, thereby deceiving 80,661,00 won in total.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, registration, report, etc. under other Acts and subordinate statutes shall be prohibited from engaging in the act of fund-raising from many and unspecified persons in the future as a business to pay the total amount or the amount of the investment in the future.
Nevertheless, the Defendant, in collusion with the above C, did not register with the competent authorities at the time and place under the preceding paragraph, and agreed to pay the total amount of the investment or the amount in excess thereof in the future, such as the preceding paragraph, and imported the total amount of KRW 80,661,000 from 46 victims on a total of 94 occasions.
Accordingly, in collusion with the above C, the Defendant received miscarriages without being registered with the competent authorities.
Summary of Evidence
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