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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around November 2, 2011, the defrauded made a false statement to the effect that “If the Defendant makes an investment in the Defendant’s office located in Songpa-gu Seoul Metropolitan Government B2, he/she will guarantee the principal and give 6-8% of the amount of each share investment as profits.”
However, in fact, the Defendant had no experience in realizing a long-term and continuous profit with stock investment, and had to pay the money received from the victimized person as a profit to the preferred investor, and had no particular property or income. Therefore, even if the Defendant received the investment from the victimized person, he did not have the intent or ability to use it for investment purpose or to repay the principal and high-rate profit with the investment return.
Nevertheless, the Defendant, as seen above, received KRW 10 million in total from the victim C and E over 11 times from the victim, as stated in the list of offenses, from April 30, 2012, by deceiving the victim and receiving KRW 15 million from the victim to the Agricultural Cooperative account (D) in the name of the Defendant for the same day as the investment money from the victim.
2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a similar receiving business, which is a business making an agreement to pay an amount of investment in the future or an amount in excess thereof from many and unspecified persons without obtaining any authorization or permission, making any registration, or making a report, etc. under Acts and subordinate statutes;
Nevertheless, the Defendant received KRW 10 million from investors C, as described in paragraph (1) around November 2, 201, without obtaining authorization or permission under the Act and subordinate statutes, and without filing a registration or report. From that time until April 30, 2012, the Defendant received KRW 150 million from investors C and E in total, as shown in the list of crimes in the separate sheet of crimes.