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A defendant shall be punished by imprisonment for not less than two years and six months.
4.4 million won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal history] On November 11, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on the part of November 11, 2014, and completed the execution of the sentence at the Jung-gu District Court’s prison on January 13, 2015.
[Criminal facts]
1. Violation of the Act on the Regulation of Similar Receiving Acts, and the Defendant, from around December 29, 2015 to January 14, 2016, conspired to acquire money from other persons through a disguised similar receiving act of receiving money, by promising to operate and distribute the unregistered and non-registered business entity with the trade name, “C building D” on the sixth floor of Gangnam-gu Seoul Metropolitan Government building, along with E, from around December 29, 2015 to January 14.
(a) No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in the business of receiving contributions, etc. under the agreement to pay an unspecified number of persons in full or an amount exceeding such an amount without obtaining authorization, permission, or filing for registration, etc. under Acts and subordinate statutes;
At the office of Gangnam-gu Seoul Metropolitan Government from December 29, 2015 to January 14, 2016, the Defendant, along with E, held an investment presentation to the victims, such as the victim F, with the content that “if the Defendant makes an investment of KRW 6,60,000,000,000,000 including the price of goods, KRW 2,50,000,000,000,000,000 won, 1,000,000 won, 2,000,000,000 won, and KRW 5,000,000,000,000 won, 3,00 per week, and, on December 29, 2015, received an explanation from the victim under the name of the Defendant’s bank in the name of the Defendant’s Deposit account.”
In addition, the Defendant invested KRW 213,930,00 in total from December 29, 2015 to January 14, 2016 to the G bank account (H) in the name of the Defendant 76 times from the victims, as stated in the list of offenses.