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(영문) 서울중앙지방법원 2016.11.01 2015고단7447

유사수신행위의규제에관한법률위반등

Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B to eight months, and for a defendant C to ten months, respectively.

(b).

Reasons

Punishment of the crime

[Attachment] On March 30, 2007, Defendant A sentenced Defendant A to imprisonment with prison labor for the crime of attempted quasi-rape at the Seoul Central District Court for one year and six months, and completed the execution of the above punishment at the Seoul Detention Center on June 14, 2010.

After that, on May 26, 201, Defendant A was sentenced to 4 months of imprisonment with prison labor and one year and two months of imprisonment with prison labor in the same court as of May 26, 201, and the said judgment became final and conclusive on September 8, 201. On October 12, 2012, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission in the same court, and on October 15, 2012, the said judgment became final and conclusive on October 15, 2012. On April 24, 2015, Defendant A was sentenced to six months of imprisonment with prison labor for an act of false accusation in the same court, and the said judgment became final and conclusive

Defendant

C On May 26, 2011, the same court was sentenced to 2 years of suspension of execution on August 3, 2011 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, which became final and conclusive on June 3, 201.

【Criminal Facts】

1. Defendant A, who is a representative director of the “I” corporation, which is a similar recipient company in Gangnam-gu Seoul, Seoul H. 2602, Defendant B’s director, and Defendant C’s managing director, etc., Defendant A generally takes charge of the operation of the above company, Defendant B provides an investment explanation with the main contents of guaranteeing the principal and the profits from investors of the above company, and Defendant C received investments from investors of the above company while comprehensively taking charge of the above A’s administrative affairs and receiving investments from investors of the above company.

2. Around November 2010, the Defendants conspired to the said company’s office that “The Defendants would guarantee the principal invested in the shares of the said company, thereby making investments in the said shares of the said company, and to guarantee the profits of up to three times within two to three months.”

However, in fact, it is impossible to guarantee profits, and even if the Defendants receive the investment money from the victim, the Defendants guarantee the principal and up to three times within two to three months.