2016 Highest 1090 Fraud, Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission

J. A (64 years, South Korea), self-employed

Residence

Reference domicile

E. E.B. (Filing Prosecutions) The relocation port (Public Trial)

Attorney Han Han-hoon

July 19, 2016

A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

1. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

No person shall engage in an act of raising funds from many and unspecified persons without obtaining authorization or permission, making registration or report, etc. under other Acts and subordinate statutes, and agreed to pay the total amount of the withdrawn funds or the amount in excess thereof in the future.

Nevertheless, the Defendant, on April 2014, up to 00 business (****** *) from around 00, up to 00, up to 200, provided explanations for shopping mall projects, and thereafter, from around 20, up to 00, up to 10% of the total amount of 00 U.S. company’s revenue has been paid to investors (*** * * * *) from around 00, and 10% of the total amount of 0,000 company’s revenue has been paid to 30% of the company’s revenue under the name of 00,000-3,0000,0000-3,0000-0,0000,000-0,000-0,000-0,000-0,000-0,000-0,000-0,000).

In addition, the Defendant conspired with 00 panty (*** the Pan) and 00 panty (** the Pan), a higher-tier investor, and did not register or report to the competent authority from April 16, 2014 to August 26, 2014, and received the remittance of KRW 146,866,00 in total over 40 times in the same manner as indicated in the separate crime list in the same manner.

2. Fraud;

Around May 28, 2014, the Defendant explained to the KCA to the effect that paragraph (1) is the same as that of paragraph (1) and received KRW 3,410,00 from the victim on May 29, 2014, under the name of the Defendant’s corporate bank account, the Defendant received transfer of KRW 3,410,00 from the victim under the name of the Plaintiff’s opening of investors, and in the same manner, from April 16, 2014 to August 26, 2014, the Defendant received KRW 146,866,00 from the victims on a total of 40 occasions, as indicated in the list of crimes in the attached Table.

However, in fact, the above business was not a business with no special source of profit, and it was merely a method of appropriating the profits of high-tier investors as investments by subordinate investors, and as long as additional investors are not recruited in an unlimited manner, there was no intent or ability to pay allowances normally as promised to investors. The Defendant did not have acquired the profits of several million won through the above business.

As a result, the Defendant was informed of the victims and received property in collusion with 00 panty (*** Pan) representative, 00 panty (* Pan) and leb, a higher investor, etc.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 347(1) and 30(a) of the Criminal Act; Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act (a point of performing Fund-Raising Business without Permission)

1. Selection of penalty;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud> Type 2 (at least KRW 100, but less than KRW 500,00) basic area (at least one year to four years)

【No Special Convicted Person】

【Determination of Sentence】

Although the defendant obtained money from a number of victims and did not cause damage, it is still possible to do so.

The damage has not been recovered, and the defendant has a record of being sentenced to suspended sentence due to the same kind of crime is disadvantageous circumstances. The defendant remitted the amount of partial defraudation to the upper-tier subscriber, and the fact that the defendant agreed with some victims is favorable circumstances. The above circumstances and the defendant's age, character and conduct, environment, etc. are determined by the sentence lower than the sentencing guidelines, taking into account all the conditions of the sentencing, such as the sentencing guidelines.

Judges’ completion heat

- Not more than a list of offences