Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Fraudulent C is the Chairperson of “D”, a similar recipient company, and the Defendant is one of the representative business operators, and C and the Defendant stated to the effect that, around April 10, 2012, “D” offices located on the 11st floor of buildings in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, would make a large profit from the victim F in conducting international financial distribution business abroad, such as China, Red bean, Malaysia, and Malaysia, and one million won per investment would be 3-4 times the investment amount at the latest within three months.”

However, there was no profit-making business conducted in D, so C and the defendant did not have the intent or ability to guarantee the principal or to pay profits even if they receive investments from the injured party.

C and the Defendant, as above, by deceiving the victim as above, had the victim settle 2.6 million won by credit card on the same day, thereby acquiring property profits equivalent to the same amount and acquiring 2.6 million won by fraud.

2. No person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall engage in a business receiving contributions under an agreement to pay the whole amount of principal or any amount in excess thereof to many and unspecified persons in the future without obtaining any authorization or permission, making any registration or report, etc. under other Acts and subordinate statutes;

Nevertheless, the Defendant, in collusion with C, received KRW 2.6 million from the Victim F around April 10, 2012 without obtaining authorization, permission, registration, or reporting under the law, and received KRW 2.6 million from the Victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

1. Some statements concerning C among the protocol concerning the interrogation of suspects by the prosecution;

1. Statement made to F;

1. Examples, specifications of use of H cards, and current status of transactions;

1. Application of D/Medi Acts and subordinate statutes;

1. Article 347(1) and Article 30 of the Criminal Act (the point of fraud) on criminal facts, Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, and the Criminal Act.