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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
No one shall engage in the business of raising funds from many and unspecified persons without obtaining any authorization, permission, registration, report, etc. as prescribed by other Acts and subordinate statutes, and make an agreement to pay the total amount of investments or an amount in excess thereof in the future, without making any permission, permission, registration, etc
Nevertheless, on February 20, 2014, the Defendant and C explained to D that “if 10 million won is invested, 20 million won will be repaid in installments, including 20 percent of earnings within five weeks from the auction of real estate,” from nine investors including D, including D, who received KRW 15.5 million from D on March 1, 2014, as shown in the attached list of crimes, and received KRW 204,648,000 over 26 times as shown in the attached list of crimes.
Accordingly, the Defendant, in collusion with C, agreed to pay the total amount of investment or an amount exceeding it in the future to an unspecified number of people without obtaining authorization, permission, registration, report, etc. under the Acts and subordinate statutes, and imported the investment.
Summary of Evidence
1. Defendant's legal statement;
1. Third police suspect interrogation protocol against the accused;
1. Each police statement made to D, E, and F;
1. Application of the Acts and subordinate statutes governing internal investigation reports (including written confirmations, etc. related to investment), the details of transactions by Korean banks under the name of the suspect A, the details of transactions by G citizen banks, and the details
1. The reason for sentencing under Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission for Crimes, and Article 30 of the Criminal Act is that the defendant received money from many unspecified persons as investment money while participating in a business of fund-raising business without permission, and the defendant recognized the crime and divided it.