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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A, among March 2018, around 2018, was a situation in which a police officer was unable to return money agreed upon to the existing investors. However, the principal was guaranteed for the purpose of raising funds for one’s own corporate bonds through the investment financing policy, such as Defendant B, etc., and the interest was raised from 1st to 4th of each month, and the investment fund solicitation policy was planned to pay approximately 5% of the amount of the deposit to the investment fund solicitation policy at the fee if the investment fund solicitation policy was to attract funds.
1. As above, Defendant A did not intend to pay the principal and earnings even if he/she received money from the victim C due to a situation in which he/she was unable to pay the money agreed upon to the existing investors, but did not have the intent or ability to pay the principal and earnings, Defendant A received money from the victim through the above-mentioned coffee shop, stating that “if he/she made an investment, he/she would pay the principal three months after the investment, and would pay the interest on the first installment of each month, and would pay the interest on the first installment of each month” from the victim on March 16, 2018, and received money from the victim as an enterprise bank (E) account in the name of the Defendant’s father with the investment title from around November 16, 2018, and acquired KRW 494 million from that time to November 18, 2018.
2. No one shall engage in a business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration, report, etc. pursuant to Acts and subordinate statutes, with an agreement to pay the full amount of contributions or an amount in excess thereof in the future, and receive contributions, etc. without delay;
Nevertheless, the Defendants guarantee the principal of the so-called investor and set the interest from the first to fourth parts of each month.