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(영문) 서울중앙지방법원 2018.02.08 2017고단6233

유사수신행위의규제에관한법률위반등

Text

Defendant

A, B, C, D, E, and F shall be sentenced to one year of imprisonment, Defendant G, and H shall be sentenced to eight months of imprisonment, and Defendant I shall be sentenced to six months of imprisonment.

Reasons

Punishment of the crime

Defendant

A, Defendant B, Defendant C, and Defendant D together with M (Death on October 11, 2016), N (Death on October 11, 2016),O (Death on October 11, 2016), etc. (the head of the headquarters, Defendant E, Defendant F, Defendant G, Defendant H, and Defendant I are people who are the head of the foregoing company.

1. No person who violates the Act on the Regulation of Similar Receiving Acts shall commit an act of importing investments under an agreement with many and unspecified persons to pay the whole amount of principal or any amount in excess thereof in the future without obtaining authorization, permission, etc. or making registration, report, etc.;

Nevertheless, the Defendants had the mind to attract investors to make investments in the so-called “FX M-related transactions”, and the above M is the representative director of the company, and the above N is in charge of financial affairs, such as the management of investment funds, and the aboveO is a managing director, who is in charge of marketing of the company as a managing director and the head of the headquarters for education, solicits investors to make an investment, and manages the subordinate business. The Defendants shared their respective roles to encourage investors to make an investment and manage the subordinate business.

Accordingly, in collusion with the above Q Q, etc., the Defendants did not grant authorization, permission, registration, or report, and around September 2015, at the above company office located in Gangnam-gu Seoul Metropolitan Government R, the Defendants made an investment in the FX M&D trading [the trading in which our company deposits and uses a certain amount of Macin in the futures company as a kind of FX M&D trading, and foreign exchange trading] to investors S. As such, the Defendants made a profit by making an investment in the futures company. The principal of the investment is guaranteed and the amount of the investment is paid a profit by 2% per month.

Our company opens a foreign exchange transaction account with a foreign financial institution specializing in foreign exchange transactions.