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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
C is a person who has overall control over the recruitment and management of investors as the representative director of D, and the defendant is a person who has proposed the business to the above C with the former duties of the above C and has been in charge of the management of the game room.
1. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or making a registration under the finance-related Acts and subordinate statutes shall not receive any money under the pretext of making an investment, or receiving any money under the pretext of deposit, installment savings, deposit, etc., while engaging in the business of raising funds from many unspecified persons
Nevertheless, the Defendant conspired with C, from December 2012 to January 2013, indicated that “In order to raise funds for the operation of the game room at the D Office located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant received loans from KT due to the lawful nature of the game room business, and received and operated the e-mail from KT.g., the Defendant received e-mail. In doing so, the Defendant received 100,000 won per day and received e-mail.” From January 22, 2013, the Defendant provided that “The Defendant shall guarantee 200,000 won per day and pay the principal three months after Saturdays and Sundays,” and provided that “The Defendant shall receive 10,000,000 won from F around December 28, 2012, and shall receive 10,000 won from G around January 22, 2013.”
2. In collusion with C, even if the Defendant received investment funds from the victim F and G, it is unclear whether the Defendant would actually operate the game room and return the amount of the investment funds received from the victims as if they were promised to the victims or not after three months, and even if the investment funds received from the victims were to be paid as the profits of the investors, the Defendant’s intent to pay the funds to the prior investors.