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1. Defendant A shall be punished by imprisonment for two years.
However, the above punishment shall be executed for three years from the date of the final judgment.
Reasons
Punishment of the crime
1. Defendant A
A. From April 2017, the Defendant established and operated a company for the purpose of door-to-door sales, such as a machine that makes direction substances, etc. to be scattered in the air in the air from Gwangju Dong-gu C3, Gwangju-gu, Gwangju-gu, with the aim of door-to-door sales, such as a name “explication”, which is a machine that makes it difficult to be scattered in the air. In order to obtain money from an unspecified number of investors as if they make an investment in the said company, they would be falsified by
On May 2017, the Defendant made a false statement to the victim E in the office of the said corporation D, stating that “When investing in D Co., Ltd., the Defendant would guarantee the principal by selling volatiles, etc., and pay 10% of the investment amount as monthly income.” In addition, since one year, the Defendant would pay 1/n of the company’s profits.”
However, the Defendant, without a clear profit-making business that actually incurs profit, paid the proceeds to the senior investors by using the so-called ‘competing return' method, and since some of the investment money was thought to be used for personal purposes, such as living expenses, etc., even if the Defendant received money from the victim as investment money, he did not have the intent or ability to pay the principal and 10% of the monthly proceeds to the victims.
Nevertheless, the Defendant deceiving the victim as above and received KRW 5 million from the victim to the F Association account (G) in the name of the F Association (G) corporation around May 30, 2017, as well as obtained by deceiving the victim as above, and then acquired the total sum of KRW 668,496,300 from the victims as described in the attached Table 1 (1) from around that time to May 19, 2018.
(b) Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without permission under statutes;