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A defendant shall be punished by imprisonment for six 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
1. On May 11, 2012, at the office of Gangnam-gu Seoul building 823, the Defendant: (a) the victim D, E, F, and G saying, “Korean company is a company that manufactures, leases, and sells machinery, such as frying, and pays profits therefrom; (b) the company is granted a patent for frying; and (c) one insurance company receives ten orders from its customers who subscribed to fire insurance with the company as a fry product. Moreover, the company should create 150 additional 150 vehicles, and there is a lack of manufacturing costs, and there is a difference in investment to create 40% of the total amount of investment for each two months.” (d) the principal will be paid at 5% compared to the total amount of investment for each two months and returned by preserving the principal.”
However, in fact, the Defendant only requested H to make a protruding machine in I operated by H, but failed to obtain a patent due to its failure to complete it, and the Plaintiff did not have any intent or ability to pay the profits and principal on the date agreed, even if he received money from the victims, since the funds for making protruding machine have not been fully prepared and the proceeds have not been provided.
Nevertheless, the Defendant: (a) by deceiving the victims as above; (b) 3 million won from the victim D on May 11, 2012; (c) around May 16, 2012 from the victim E; (d) 3 million won around May 23, 2012 from the victim E; and (c) transferred KRW 10 million from the victim F to the Defendant or J on May 22, 2012; and (d) obtained 2970,000 won from the victim G by means of credit card resolution using I member shops Co., Ltd. on May 30, 2012; and (e) acquired 2,1970,000 won in total by deception.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, or filing a registration under other Acts and subordinate statutes shall pay the total amount of investment or an amount in excess thereof for the business of raising funds from many and unspecified persons;