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Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
The defendant was the representative director of D, a corporation established for the purpose of advertising agency business in Daegu-gu C.
1. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission, Permission, registration, report, etc. with the competent authority in order to make an agreement to pay the total amount of contributions or an amount in excess thereof to many and unspecified persons for the purpose of raising funds and to import the contributions;
Nevertheless, on November 15, 201, the Defendant agreed to pay F a total of KRW 22,400,000 for investment as stated in the separate sheet of crime from six investors to December 12, 201 of the same year, as the project that is able to pay 350,000 won per unit of 150% for each unit of 3,50,000 won for each day, and received KRW 22,40,000 for the purpose of investment from November 17, 201, and then received KRW 34,753,00 for investment as stated in the separate sheet of crime from around December 12 of the same year.
Accordingly, the defendant did the act of fund-raising without permission.
2. On November 15, 201, the Defendant was liable for a loan of approximately KRW 20,000,000 at the time of investment solicitation, and the advertising agency business was suspended due to the lack of capital. As such, it is not possible to take a method of repaying the existing principal, profits, etc. with the investment proceeds attracting junior investors in order, and as long as a new investor is not invited, there was no intent or ability to pay the agreed high-rate profits even if the Defendant received the investment proceeds from the victims, such as it is anticipated that the payment of the agreed high-rate profits would not be possible.
Nevertheless, the Defendant, through G, who is the head of the above Gwangju Office, made an investment of KRW 350,00 to the victim F through G, the head of the above Gwangju Office, would make payment of investment returns as described in the above paragraph 1.