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A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud accused false statement that “When investing money to the victim B, the victim B would make an investment in the credit business and pay the amount of money to 15-18% (15-18% (15-10%) per annum, and would be repaid if the principal would be repaid in advance one month prior to December 2014.”
However, in fact, the Defendant did not intend to pay the principal and promised profits to the previous investors by receiving money from the victim (tentatively referred to as “defensive”), but did not actually have obtained profits from investing in credit business. Therefore, even if the Defendant received the investment money from the victim, the Defendant did not have the intent or ability to pay the victim a profit of 15-18% per annum or to guarantee the principal of the investment.
Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 300,000,000 from December 22, 2014 to September 22, 2015 from the victim to the Cbank account in the name of the Defendant for five times from September 22, 2015.
In addition, from December 22, 2014 to February 28, 2019, the Defendant received the total sum of KRW 3,082,90,000 from the total five of the victims as shown in the attached crime list 1 by the aforementioned method, and acquired it.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, making registration or report, etc. under Acts and subordinate statutes, shall make an agreement to pay the total amount of investment or an amount in excess thereof to many and unspecified persons without obtaining such authorization or permission, or receive such investment
Nevertheless, the Defendant, without obtaining authorization or permission, making a registration or report, etc., solicits the investor B to make an investment as if he/she would be able to obtain high-profit profits exceeding the principal on or before December 22, 2014.