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(영문) 서울중앙지방법원 2016.12.09 2016고단7504

유사수신행위의규제에관한법률위반

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

G is a director of “H”, who is a similar-receiving private company that guarantees the 20 percent high profit each month, and has overall control over the business explanation of the instant case and the receipt of money, and I and J, as a business director, shall explain the instant business to investors who have found the store while actually managing the said business, and shall have overall control over the attraction of investors and the receipt of money. K is the representative director and the president of the said company, L is the chairman of the board of directors of the said company, M, N, andO together with G, and the Defendants are the team leader of the said company.

No one shall agree to pay the full amount of or excess amount of the investment made in the future without obtaining authorization, permission, etc. from an authority, and make an act of receiving money, etc. from many and unspecified persons under the pretext of the investment made, etc.

Nevertheless, the Defendants did not obtain the authorization or permission of the authorities together with G, J, K, L, M, N, I, andO. From March 27, 2015 to December 15, 2015, the above “H” office, etc. located in Gangnam-gu P, Seoul, and from around 30 million won to December 15, 2015, Defendant 1 and Defendant 20 percent of the principal and 20 percent of the profits within the month during which they invested money in the gold trading business of H, including the victim Q, will use the money for gold trading business and pay the proceeds of the principal and 20 percent of the money free of charge. The K president may raise the above huge profits as experts in gold trading business, and from around 300,000 won to around 305,000 won in total, from around 15, 2015 to around 305,010,000 won received from the victim Q and from around 105,2015.