2019 Highest 5210 Fraud, Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, visit

Violation of the Sales, etc.

Kim (tentative name) South 77.Pasi, Non-Party

Housing Yangsan City

Kim Jong-tae (Court) (Court of Second Instance), and court of Grade 1 (Court of Second Instance)

Attorney Funeral*

December 24, 2020

A defendant shall be punished by imprisonment for two years.

Criminal facts

On September 21, 2017, the Defendant was sentenced to a suspended sentence of three years in the year and August of imprisonment with labor at the Busan District Court for fraud, etc., and on January 20, 2018, the above judgment became final and conclusive.

The defendant is a person who operates 00 groups together with the president of the so-called ‘00 group', and is a person who recruited investors while working as the director of the Busan branch of the ○○○ Morsp Co., Ltd. and was appointed as the director of the above company on December 30, 2015.

While the president did not have worked in a foreign financial institution, and even though there was no career as an expert in stock transactions, he/she had been responsible for the stock price manipulation and detained for other prisoners, and prepared a large-scale investment fraud crime committed by iceing the investment of stocks by creating a false complaint on the stock transaction expert. The president of the sexual president was released from his/her office and did not have any intent or ability to pay the principal at the time when the investor wants to use the stock transaction and various business operations using the same as a business group with large-scale assets, such as accepting the corporation closed and changing the trade name. However, he/she did not have any substantial business entity or to receive investment money for the purpose of stock investment, business investment, etc., even if he/she did not receive money from many unspecified persons for the purpose of asset management, investment money, etc., even if he/she did not receive money from many unspecified persons due to no continuous profits, and even if he/she did not have any intent or ability to pay the principal each month of stable monthly revenue through various business operations.

The Defendant, along with the Sung president, has been in charge of the operation of the above ○○ Group and the Defendant shared the role of attracting investors, and has recruited to attract investors while holding office as the head of the ○○○○ branch, which is the financial multi-level fund-raising company that received the investment money in the multi-level financial multi-level fund-level fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising fund-raising

1. Fraud;

Around April 27, 2016, the Defendant made a false statement to the victims of losses stating that “When investing money in stock investment business, etc., the principal shall be returned to 1-20,000, and 2.5% per month or 3% per month shall be paid to the victims of losses,” and around April 27, 2016, the Defendant received KRW 10 million from the victims to the company bank account (29-*******-*-*) in the name of 00 Group Co., Ltd. (hereinafter “FF”), and the Defendant acquired KRW 20,000,000 from November 17, 2015 to December 1, 2016, the Defendant acquired KRW 10,000,000 from the victim’s bank account (hereinafter “FFF”) with the exception of KRW 20,000,078,278,2781,275,2785,278).

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

No one shall receive money under the pretext of deposits, installment savings, deposits, etc. in order to engage in business of raising funds from many and unspecified persons without obtaining authorization, permission, registration, or reporting under finance-related Acts and subordinate statutes.

In collusion with the president, the Defendant imported an amount equivalent to KRW 1,985,00,000 from 47 investors to 90 times under the name of the investment, etc., as shown in the list of crimes in the attached Table, from November 9, 2015 to December 1, 2016, and operated an act of receiving money without authorization, permission, registration, or reporting from the competent authorities.

3. Violation of the Door-to-Door Sales Act;

No one shall conduct any financial transaction without performing any transaction of goods, etc. through a multi-level marketing organization or any similar organization that is comprised of persons who have joined a multi-level marketing organization or any similar organization, or conduct any financial transaction only by pretending the transaction of goods, etc.

In collusion with the president of gender, the Defendant, from November 9, 2015 to December 1, 2016, transferred 1,985,000,000 won from 47 investors to 90 times as shown in the list of offenses, and paid a certain portion of the investment amount to the relevant investor, the investor, the investor, and the person who has been responsible for attracting higher investments (manager), etc., in a phased manner, performed only monetary transactions without trading goods, etc. by using an organization of persons who are similar to the multi-level marketing organization by dividing the investment amount into business allowances or dividends.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 30 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; Articles 58(1)4 and 24(1)1 of the Door-to-Door Sales Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 6(1) and 30 of the Criminal Act; Articles 58(1)1 of the Act on Door-to-Door Sales, Etc.

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act shall be determined as ordered in consideration of all the circumstances shown in the records, such as the following circumstances and the age, character and conduct, the environment of the defendant, and the circumstances after the crime.

○○ Unfavorable Circumstances: The multi-stage fraud crime committed against many unspecified persons in nature, and the amount of damage also becomes more rapidly and rapidly, and the damage is very serious criminal that has a serious adverse effect on the social trading system or the trust system in the overall society, and most victims have not yet been properly recovered, and the defendant was investigated by a company without the substance of “clive knives” around 2014 as the head of the center in the area of Busan, Busan, Ulsan, and Gyeongnam-nam area, and was prosecuted and tried (the judgment on the crime of fraud, which became final and conclusive in the judgment, and the crime of violation of the Act on the Regulation of Conducting Fund-Raising Business) around 2015. Thus, the illegality of the crime of this case was easily known, but the defendant was involved in the crime of this case.

The circumstances favorable to ○○: The defendant recognized his mistake and reflects, the defendant appears to have been involved in the crime of this case led by the president, etc. for the purpose of receiving allowances under the dolusent criminal intent; some victims seem to have been paid dividends or allowances for a considerable period of time; the defendant's actual profits gained by participating in the crime of this case seems to be minor; the victims, if he paid little attention, the sexual president and the defendant's act of the defendant, etc., could have known that they were fraud using multi-level similar organizations, but could have been able to have known that they would have committed the crime by using multi-levelly similar organizations, have an aspect of rapidly spreading damages due to the victim's interest (title 60 million won), the victim's interest (title 10 million won), the interests of the deceased (title 30 million won), the Kim Do, Kim G-do (alias 20 million won), the punishment of the defendant (one million won) and one million won (one million won).

Judges Kim Jae-hwan

1) The indictment contains the amount of damage No. 24 No. 100,000,000 per annum in the crime sight table, but it is a clerical error of "10,000,000".

Since this record is apparent (Evidence Nos. 17, 607, 640) and correct ex officio.

2) Of the facts charged in the instant case, the fraud Nos. 1, 7, 10, 12, 20, 57, 72, and 80 in the attached list of crimes committed on November 12, 2020 is revoked.

The dismissal of public prosecution was decided.

3) The indictment is written “2,075,000,000 won” but it is apparent that it is an error in the calculation due to a clerical error in the amount No. 24 per annum.

Therefore, ex officio correction is made.

4) The indictment is written “2,075,000,000 won” but it is apparent that it is an error in the calculation due to a clerical error in the amount No. 24 per annum.

Therefore, ex officio correction is made.