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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around September 2018, the defrauded: (a) around September 2018, the Defendant made profits to the Victim B through a gold auction; (b) the Defendant, a private village in South Korea, made investments to C in money, thereby making profits exceeding 10% of the monthly investments. The Defendant made a false statement that the Defendant would also guarantee the fixed profits and principal of KRW 8 million per month when investing KRW 70 million.
However, even if the defendant has invested KRW 70 million from the victim, he did not have the intent to pay fixed profits of KRW 8 million per month and to guarantee principal.
On September 21, 2018, the Defendant, by deceiving the victim as above, received money of KRW 70 million from the victim to the D (Serial Number E) account in the name of the Defendant, and acquired it by fraud.
2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;
(a) No one shall make an agreement to pay the total amount of contributions or the amount in excess thereof to an unspecified number of unspecified persons without obtaining authorization or permission under Acts and subordinate statutes, and receive the contributions without any delay;
On September 21, 2018, the Defendant agreed to pay the total amount of investments or the amount in excess thereof from the above B, and received KRW 70 million from the Defendant’s account (number E) on September 21, 2018.
Accordingly, the defendant performed the act of fund-raising without obtaining authorization or permission under the law.
(b) No person shall make any indication or advertisement concerning the business of many and unspecified persons for the purpose of performing any fund-raising business without permission;
Around November 2018, the Defendant posted on the Defendant’s Pest Account (AD: F) and Sone Star Program Account “100,000 won per one million won per deposit, the Defendant’s business for an unspecified number of people to engage in an act of receiving money without delay by posting “10,000 won per month when making an application for refund, 100% of the principal when making an application for deposit, 100% of the principal payment, deposit-based automatic consent (it is possible to grant official approval), G A of the deposit account bank, and written contract for sending the account number to be returned each month after deposit.”