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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
The defendant is the head of the Gwangju Center of the DNA Agricultural Partnership that C is the representative.
1. The Defendant was aware of the following facts: (a) the said D Farming Association was unable to pay various allowances, etc. exceeding the principal invested solely by the investment funds received from the salespersons due to the absence of a special profit-making business; and (b) the Defendant, despite the absence of a guarantee that profit-making business would have accrued even if a profit-making business was carried out, by deceiving the salespersons as if they would be paid allowances, etc. exceeding the principal invested
On February 21, 2011, the Defendant stated that “The Plaintiff would make a high profit by producing Daopy in the Doopy in the Doodong-gu Seoul Metropolitan City, and that “The Victim F would make an investment of KRW 3.50,000 in the Gu 1 unit, by adding the investment principal and the profits to KRW 400,000,000,000,000,000,000,000,000,000 won after the two months following the investment.”
However, the above D Farming Association did not engage in a business that could create high-income as above. Therefore, even if the victims received investments, the Defendant did not have any intent or ability to pay the investment principal and profits.
Nevertheless, the Defendant received KRW 3,50,000 from the victim for a total of 11 times from around May 18, 201, a total of 6,1250,000,000 from the victim, as shown in the separate crime list, as well as from the time to May 18, 201.
Accordingly, the defendant conspireds with C to induce victims to acquire money.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, etc. from the authorities shall agree to pay the total amount of contributions or an amount in excess thereof to many and unspecified persons;