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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2016 Highest 2161"
1. Joint crimes committed by the accused, C, D, and E;
A. The Defendant, along with C, D, and E, intended to make an investment in a original farm in the Jinju, paid KRW 500,000 through 25 times each day from three days after the investment of KRW 440,000 per unit to 30,000 per unit, and upon recommendation of one other, paid 50% of the daily dividends to the investor who has made an investment in the five or more units, 200% of the daily dividends shall be paid to the investor for each recommendation. However, if the investment amount falls short, 20% of the daily dividends shall be paid to the investor who has made an investment in the five or more units.
The purpose is to invite investment funds by explaining “,” and the Defendant establishes a similar receiver with the trade name called “F,” and then, the Defendant is in charge of overall business, such as fund management as the representative director of the above company, and C is in charge of investment recruitment, investor management, etc. as a representative business entity of the above company, and D is in charge of computer work as a managing director, and E is in charge of investment recruitment, etc. as a business entity No. 2.
No one shall engage in a business of raising funds from many unspecified persons by promising to pay the total amount of investment or an amount exceeding the amount of investment to be paid in the future without obtaining authorization, permission, registration, or report under any Act or subordinate statute. However, the Defendant, along with C, D, and E, without obtaining authorization, permission, registration, or reporting from the competent administrative agency, and without filing a registration, on December 2, 2010, at the above (State) F office located in Busan-gu Busan-gu G Building 407, Busan-gu, Busan-gu, and to make an investment in Jinju. The Defendant, on December 2, 2010, paid to investors KRW 440,000 per unit of investment in KRW 25,00 won each time from three days after 3,000 won each day, and on recommendation of other investors, dividends paid each day.