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(영문) 광주지방법원 2015.04.28 2014고단4590

유사수신행위의규제에관한법률위반

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[Defendant A] The defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

No one shall engage in a business of receiving contributions, etc. under an agreement to make payment of the total amount of contributions or an amount in excess thereof from many and unspecified persons in the future without authorization, permission, registration, or reporting under other Acts and subordinate statutes.

Nevertheless, the Defendants offered to receive money in the name of the investment money from unspecified persons, such as D, without obtaining authorization, permission, registration, or reporting, by explaining that “if investments are made in the Indonesia construction execution project, 5% profits shall be paid every month, and the principal shall be returned three months after the date of return.”

Accordingly, around March 27, 2013, the Defendants explained the above contents to D on the five storys of Gwangju Northern Building, and received delivery of KRW 50 million from D on the same day, KRW 50 million on April 4, 2013, KRW 110 million on June 13, 2013, and KRW 10 million on June 13, 2013.

As a result, Defendants conspired to engage in an act of fund-raising business without obtaining authorization, permission, registration or report.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made by the prosecutor in F and G on the suspect examination protocol (including the substitute part) of each prosecutor;

1. Each statement of the police suspect interrogation protocol against the Defendants and G

1. Each statement made by the police in relation to D or B;

1. Investigation report (a carnet, details attached to an investment contract), investigation report (detailed attached to a check), investigation report (a statement attached to a H transaction passbook);

1. Application of Acts and subordinate statutes on investment contract;

1. Relevant Articles of the Act on the Regulation of Conducting Fund-Raising Business without Permission and Articles 6 (1) and 3 of the same Act and Article 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: The Defendants’ crime of this case committed on the grounds of sentencing under Article 62-2(1) of the Criminal Act is a business of fund-raising without obtaining authorization, permission, registration, or reporting.