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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On August 18, 2017, the Defendant was sentenced to two months of imprisonment and two years of imprisonment by the Incheon District Court for violating the Act on the Regulation of Similar Receiving Acts, etc., and the said judgment became final and conclusive on September 6, 2017.
[Criminal facts] Defendant 1
C. At the office of the said D Co., Ltd. around September 8, 2015, the 6th 6th 6th 602 o, operated “D,” a similar recipient company without permission, and the victim E paid allowances to the members from the profits accrued from the operation of Maart, which is directly managed by the members and consumers after receiving investment money from the members and selling goods at a low price.
When a member joins as a member and pays 11,000 won of investment in one unit, he/she may receive allowances for seven months each day from 1,000 won to 1,50,000 won of the principal of investment, and receive an amount equivalent to 1,50,000 won per 1,50% of the principal of investment.
A subordinate investor may be recommended by 10% of the investment funds of the subordinate investor may be paid as recommended allowances.
“The purpose of “ was to make a false statement, such as soliciting an investment.”
However, in fact, the Defendant did not have the ability to create the above profits even if receiving the investment from the injured party, and was trying to receive the investment money from the lower investors and pay the profits to the upper-tier investors, so-called “the so-called “the so-called “the return prohibition,” so there was no intention or ability to pay the allowances, etc. as above.
Nevertheless, the Defendant, as such, received a total of KRW 416,353,070 through 513 times, such as (i) and (ii) the attached list of crimes, from the time of such deception to January 26, 2016, by deceiving the victim and receiving a remittance of KRW 5,00,00 from the victim as the same day of investment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and E;
1. Each complaint;
1. Inquiries into the details of each liquidity transaction;