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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, from October 7, 2016, established and operated a credit card settlement business (one card 'one-time') to set up and operate B.
1. On February 2018, the defrauded stated that “The Defendant would guarantee the principal and pay KRW 600,000,000 to the victim D, a member of C, who was aware of his/her relationship C through his/her relationship C, with the first police officer, and who invested KRW 30,000,000 in order to expand his/her business.”
However, in fact, the Defendant had suspended credit card settlement business due to poor profits at the time, and the Defendant thought that most of the invested money from the victim was used as living expenses or repayment of existing debts due to lack of particular property and occupation, and thus, the Defendant did not have the intent and ability to pay the principal and interest to the victim.
The Defendant, by deceiving the victim as above, received 30 million won from the victim’s account in the name of the Defendant E-bank (F) around February 12, 2018.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, registration, report, etc. under Acts and subordinate statutes shall engage in the business of receiving money under the pretext of deposits, installment savings, installments, deposits, etc. under the agreement to pay the whole amount of principal or any amount exceeding such amount in the future from many and unspecified persons;
Nevertheless, on August 31, 2017, the Defendant received 20 million won from C to E bank account in the name of the Defendant (F) around August 31, 2017, on condition that C pay the profits of a certain monthly rate along with the guarantee of principal in the same manner as stated in paragraph (1) without obtaining authorization or permission, registration, etc. under the Act and subordinate statutes, and received 10 million won in total from three investors, such as the list of crimes, from around that time to February 12, 2018.