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(영문) 서울중앙지방법원 2018.05.25 2017고단8905

유사수신행위의규제에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Status and Roles of Defendant and his accomplices] C was a de facto operator of the similar receiving organization of the instant case, and as the representative director of D (hereinafter “D”) established to receive investments from similar receiving organization, C took overall charge of the business affairs, such as attracting and managing the company’s investment, and discovering and examining the sources of investment.

E manages the business organization as a managing director of D (State) while attracting investment funds, E performed duties such as managing the business organization and determining the said C and the head of the branch office and the head of the business team.

F) (State) The F managed the entire business organization as the executive director of D and induceds investment funds, the F performed the tasks such as making decisions by the Do and the Investment Bureau, explaining the business contents of the branch and the head of the business team, and paying operating expenses and allowances.

G and H received education from E, F, etc. as the head of the branch office of D (State) and took charge of the affairs such as attracting investment and managing the head of the business team.

Defendant, I, J, K, etc. received education from the above E, F, etc. as the head of the business team of the (State) D, and then was in charge of explaining the investment products and soliciting the investment.

[2] No person may engage in a business of receiving investments under the finance-related Acts and subordinate statutes under the agreement to pay the total amount of investments or an amount in excess thereof to an unspecified number of people without obtaining authorization or permission, making registration, or making a report.

Nevertheless, according to the above division of roles, the defendant at the M office located in Gangnam-gu Seoul Metropolitan LA building 702 around February 15, 2016, and the victim N “financial products with sea-drying.”

If an investment is made in 2th day, the principal and 9% profits will be paid for six months through the petroleum distribution business.

“Around the 18th day of the same month,” with the explanation from the N, and with the following methods, the transfer of KRW 5 million to the corporate bank account in the name of (State) D on the 18th day of the same month, including the transfer of KRW 5 million to the corporate bank account in the name of (State).