beta
(영문) 대구지방법원 2013.10.17 2013고단3122

유사수신행위의규제에관한법률위반등

Text

Defendant

A and C shall be punished by imprisonment with prison labor for four years, and Defendant B shall be punished by a fine of KRW 10 million.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, a corporation located in G, G, and the defendant B is a corporation established for the purpose of manufacturing and selling clothes, and the defendant C is the general director of B.

1. Defendant A and C

(a) No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission, making any registration or report, etc., shall engage in the business of making an agreement to pay an unspecified number of persons for the total amount of investment or an amount in excess thereof in the future and raising funds, etc.;

Defendant

A and C conspired, around May 21, 2012, at the office B of the said stock company around May 21, 2012, solicited H to make an investment of 30% interest for 100 days in the instant stock company, “I will pay the principal and interest in installments every day except Saturdays, Sundays, and holidays,” and agreed to do so and received 20 million won as an investment from H after having agreed to do so, and then from March 29, 2012 to December 12, 2012, it received 5,14,582,000 won in total as an investment from 155 investors as shown in the attached list of crimes.

B. On May 21, 2012, Defendant A and C concluded that “The victim H would pay the principal and interest in installments each day except Saturdays, Sundays, Sundays, and holidays, for 100 days.”

However, in fact, since there are almost little profits from the clothing sales business in B, the principal and 30% interest could not be paid for 100 days, and even if the principal and interest of senior investment are paid from the victims, there was no intention or ability to return the principal and interest.

Defendant

A, in collusion with A, C,