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A defendant shall be punished by imprisonment for one year.
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
Around January 201, the Defendant entered into an investment contract of KRW 1,000,000 with D, a company for the purpose of Internet shopping mall, etc., and planned to attract investment funds to many unspecified persons in order to prepare such investment funds.
1. Around May 18, 2011, the fraud Defendant told the victim F that “When investing in the business of importing and selling fishery products, he/she will repay the principal of the investment after three months, and pay the 7% of the monthly profits until the principal is repaid.”
However, (State)D's business of importing, processing, and selling foreign fishery products began from May 201, and the possibility of success has not yet been strong as the early stage of business. Furthermore, according to the business investment agreement entered into with D with D, the Defendant invested KRW 1,00,000,000, but the repayment of the investment amount is within 36 months after the date of investment, and the proceeds are paid 30% of the (State) net profit after one year from the date of investment, and the Defendant does not have any specific property or income, and even if receiving the investment amount from F, it was a situation in which the principal and the profits cannot be paid until 36 months from the date of investment.
As such, the Defendant, by deceiving the Victim F, received KRW 50,000 from the Victim F to the Agricultural Cooperative Account (Account Number: G) in the name of the State F at that time, and received KRW 50,00,000 from that time to December 21, 201, and acquired KRW 190,000,000 in total from three victims on one occasion through the same or similar method as indicated in the annexed Crime List from December 21, 201.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission or making any registration or report from many and unspecified persons;