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A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
Punishment of the crime
1. Around July 2015, F, which is a similar recipient company located in Gangnam-gu Seoul Metropolitan Government, offered a proposal to invite the Defendant to make a tour across the country and to invite members to invest in funds, and the Defendant conspired with each other to receive investment funds from investors under the pretext that he/she would receive the said proposal from the above F, and then would operate the shopping mall and pay 200% of the profits therefrom.
No one shall engage in any similar receipt business engaged in a business of raising funds under the pretext of investments, etc. 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 or permission, making registration, or making a report, etc. under the related Acts
Nevertheless, on July 30, 2015, the Defendant: (a) in collusion with the above F, did not obtain authorization or permission from, register, or report to, the competent authority; (b) ordered the employees in the D office located in Gangnam-gu Seoul Metropolitan Government to explain the project; and (c) ordered the victim G to pay the investment amount from at least 110,000 won to at least 9,000,000 won; (d) upon the payment of the investment amount, 2% of the following day after the payment of the investment amount shall be made; and (e) upon the recommendation of the subordinate investors, the profits shall be paid every day until 200% of the investment amount paid to the lower investors; (c) management points for the investment principal to be paid 10% of the investment principal of the lower two investors; and (d) profits shall be paid through the operation of shopping points, such as support points, etc.