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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. C and the Defendant are the actual operators of “E” in the vicinity of Guro-gu Seoul Metropolitan Government D Station, and C, as the representative of the said company, the Defendant, while operating “E” with C and “E, agreed to guarantee the principal and pay high-interest profits to investors, and agreed to receive the investment money.
Around August 2012, the Defendant, along with the above C, concluded that “E” office located in Guro-gu Seoul Metropolitan Government F, would pay KRW 3,610,400 to the victim G KRW 3,000 per week if the Defendant invested KRW 3,00,000 per week in the limit of internal management.”
However, in fact, the Defendant’s “E” was running a business in a manner that redeems the principal and profit of senior investors with the investment proceeds of junior investors due to the lack of special profits. From June 2012, the Defendant did not have any intent or ability to pay the principal and profit in accordance with the agreement even if the Defendant received the investment proceeds from the victim due to the lack of money to be paid as a result of the lack of subordinated investors’ solicitation.
The Defendant, in collusion with the above C, by deceiving the victim as above, received KRW 3,150,00 from the victim under the same month of investment.
B. The Defendant violated the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization, permission, registration, report, etc. under other Acts and subordinate statutes together with the above C, and upon investing KRW 3,00,000 in G around August 2012, the Defendant agreed to pay the principal amount by paying KRW 3,610,400 each week over eight times, respectively, and received KRW 3,150,000 from G as the investment amount.
The Defendant, along with the foregoing, received an investment of KRW 518,527,000 in total in 254 times from April 6, 2012 to December 5, 2012 by the following methods, as shown in attached Table 1.
Accordingly, the defendant conspireds with the above C.