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Defendant shall be punished by imprisonment for not less than five years and six months.
Reasons
Punishment of the crime
The Defendant is the representative of “C”, a private company that receives high profits without permission.
1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc. shall make an agreement to pay the full amount of investments or an amount in excess thereof to an unspecified number of persons in the future without permission, etc. from the authorities, and shall make an act of receiving money, etc. from
Nevertheless, the Defendant, without obtaining the authorization or permission from the authorities, concluded from November 30, 2012 to November 6, 2014, that “If an investment is made in the business of paying credit card payment, the Defendant shall pay the amount of such investment definitely at 3% every month, and request the return of the principal of the investment within 30 days from the date of request for return of the principal of the investment,” and received KRW 6.78 billion in total from November 30, 2012 to November 6, 2014 from the victim F, etc., under the name of the crime in attached Table 145 times, as shown in the list of crimes (1).
Accordingly, the defendant did the act of fund-raising without permission.
2. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the fraud was the Defendant’s intent not to invest most of the money in the business, but to use it for the profit of 3% per month for the senior investment fund and the Defendant’s personal purpose, etc., even if the Defendant received money from an unspecified large number of investors of the above C as the investment fund in the credit card settlement advance payment, and there was no net profit from the above business. Accordingly, the Defendant continued to receive the investment fund by the sorad method that the Defendant would pay interest of 3% per month for the senior investment fund. Accordingly, in such a way, it was impossible to pay the investment principal to investors.
Nevertheless, it is not possible.