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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from July 28, 2015 to December 2, 2015, is the shareholder (e.g., share 35%) of the Chairperson E (E) with the sixth floor of the D Building in Busan Dong-gu, Busan, and has overall control over the E’s business established for the purpose of selling treatment instruments.
No one shall make a similar receipt of investments under an agreement to pay the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization, permission, registration, or reporting under Acts and subordinate statutes.
Nevertheless, the Defendant, along with G, etc., who is the representative interest shareholder of E (30%) and the interest shareholder of E’s Vice-Chairperson (35%). The Defendant, even though there was no intent or ability to engage in the medical device sales business normally, did not appear to receive money and valuables by raising a large number of investors through the “original gold Guarantee Agreement.”
Accordingly, the Defendant holds an investment explanation meeting and takes charge of the overall affairs of the company, F means the role of raising investors and managing funds, and G means the role of attracting investors, and at the above E office around the above day, the Defendant guarantees the principal of 70,000 won per 70,000 won per month to the victim H in the above E office at around the above day, and pays 10% allowance per month for two years.
“The purpose of “ was to make a false representation.”
However, the actual results of the defendant's delivery of the medical instruments to beauty parlors, etc. are about about 20, the contract was reversed with the medical instruments supplier, and the actual capital of E is about about 20 million won and it was impossible to conduct a normal business or pay allowances agreed upon to the existing investors without receiving investments from new investors.
As such, the Defendant deceivings the victim and received KRW 770,00 from the victim on October 23, 2015, as well as receiving KRW 770,00 from the victim.