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(영문) 대구지방법원 2015.09.23 2015고정99

유사수신행위의규제에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C is the representative director of E Co., Ltd. (hereinafter referred to as “E”), and F is the overall director of E, and the defendant, G, H, I, J, K, L, M, N,O, and P are the investors recruitment policies of E.

No one shall engage in a business of raising funds by promising that a large number of unspecified persons pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission, making registration, reporting, etc., and receiving contributions, etc.

In collusion with G, H, I, J, C, F, K, L, M, N,O, and P, on July 12, 2012, the Defendant solicited Q to make an investment in the above E office to pay the interest of 30% for 100 days in installments each day except Saturdays, Sundays, and holidays. The Defendant agreed to pay KRW 40,00,000 for investments from Q from March 29, 2012 to December 12, 2012, and received KRW 4,936,757,000 in total as investments from 153 investors.

Summary of Evidence

1. Partial statement of the defendant (the purport that two investors are recruited) ;

1. Each legal statement of witness I, C, G, and F;

1. Each police interrogation protocol againstO, L, M, H, N, P, J, and K;

1. Each police statement of Qu, R, S, and T;

1. Application of Acts and subordinate statutes of a criminal investigation report (Attachment to decisions on the total books);

1. Article 6 (1) and Article 3 of the Act on the Regulation of Illegal Receipt of Criminal Crimes, Articles 6 (1) and 3 of the same Act, and Article 30 of the Criminal Act (Presiding over, selecting a fine);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;