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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operated C, a corporation established for the purpose of manufacturing and distributing Internet distributors B and B.
No one shall engage in a business of raising funds from many and unspecified persons without obtaining authorization, permission, registration, reporting, etc. pursuant to other Acts and subordinate statutes, and agreed to pay the total amount of investments in the future or an amount in excess thereof in the future, and receive the investments without delay.
Nevertheless, the Defendant received KRW 4.5 billion in total from 43 persons on the pretext of investment money, as indicated in the attached list of crimes, on the following grounds: “If an investment is made in B, 2.2% of the monthly investment money shall be paid as profits, and the principal shall be repaid in full after one year,” and the Defendant received KRW 4.54 billion in total from 43 persons on the pretext of investment money, as indicated in the attached list of crimes.”
As a result, the Defendant committed an act of receiving money without obtaining authorization or permission under other Acts and subordinate statutes, or without filing a registration or report, through which the Defendant agreed to pay an investment amount in the future or an amount exceeding it to raise funds from many and unspecified persons.
Summary of Evidence
1. Each legal statement of witness F and G;
1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;
1. Telephone statement and earnings, and details of principal repayment (Evidence No. 34, which is bound to the investigation report No. 34);
1. Details of revenues of each investment fund, and application of Acts and subordinate statutes of each B investment bond certificate;
1. Article 6 (1) and (3) of the Act on the Regulation of Conducting Fund-Raising Business without Permission under the relevant Act on Criminal Facts (or, collectively, the choice of imprisonment);
1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act
1. The defendant;