A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2] On July 17, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts in the early branch of the Chuncheon District Court, and the judgment became final and conclusive on May 19, 2014. On August 25, 2016, the Seoul Central District Court sentenced an offender to one year of imprisonment with prison labor for a crime of aiding and abetting the offender, and the judgment became final and conclusive on February 1, 2017.

[2017 Highest 5103] The Defendant, on January 2009, established a “CB” with Scood Scood Association as a ice, and then granted a large amount of profits by investing in the future real estate to many unspecified people.

It is a person who is the representative director of CB who receives money from members under the pretext of real estate investment funds, etc. after soliciting members by deception.

On March 2012, the Defendant concluded a false statement to the effect that “AB office located in Seocho-gu Seoul Metropolitan Government CH508, the Defendant would establish a collateral security when joining and investing as a member of CB, sell real estate for three years, and repay the total amount of the investment principal by selling real estate, and pay 30% interest of the monthly investment amount for 36 months as activity expenses.”

However, the Defendant subscribed the victim as a member, and then tried to have the money received as investment money appropriated for his personal dividends and earnings, or for the dividends, office expenses, etc. of family members. CB was invested in the manner of preventing return of the existing members’ dividends, activity expenses, etc. with the investment money received from the newly subscribed members without any particular assets or profit-making business. Thus, the member could not preserve the principal of the investment. Therefore, the Defendant did not have any intent or ability to pay profits or return the investment money as agreed upon by the victim.

The defendant deceivings the victim as such, and causes the same damage to the victim.

6. 22. Around 22.20 million won, KRW 10 million around March 26, 2013, and KRW 10 million around May 31, 2013.