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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Defendant A
(a) No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business of raising funds from many and unspecified persons without obtaining any authorization or permission, or making any registration or report under other Acts and subordinate statutes, and agreed to pay the total amount of contributions or an amount in excess thereof in the future;
Nevertheless, on May 16, 2014, the Defendant sought explanations from B, etc. about C shopping mall business, and then explained them again to D, and on July 16, 2014, at D’s office located in Seogu-gu, Daegu-gu, Seoul-gu, and along with D, against investors F, “C is the representative director and its head office in the United States.”
C operates an Internet shopping mall (H) with a server in the United States, and through this, goods manufactured in a foreign country can be purchased at a low price in a foreign direct area without customs duties.
C may subscribe to four levels, such as USD 99 (ECR), USD 495 (Bas), USD 1,500, USD 3,000, and USD 3,000 (Preier), depending on the subscription cost. Upon joining as an investor, C may receive profit dividends in the form of points money.
In addition, in the event of recruitment of subordinate investors according to compensation franchise operated by one company, allowances are additionally paid according to each class. The ECR is paid to 5 to 2, 10 to 3, 3 to 3, 2 to 6, and 3 to 15%, and 3 to 15%, so it is possible to impose more than a million won every month.
The purpose of “C shopping mall business” is to explain the C shopping mall business to the effect that more than the investment amount is guaranteed, and received 3,286,000 won from F under the name of the Defendant through the SC bank account in the name of the Defendant.
In collusion with C’s representative G and upper-tier investors B, the Defendant registered and reported to the competent authority from June 20, 2014 to August 27, 2014.