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(영문) 서울동부지방법원 2019.08.30 2019고단1541

유사수신행위의규제에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall receive contributions from an unspecified person under an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and subordinate statutes.

Nevertheless, in March 2014, B: (a) the Defendant, on the Habnman, planned to operate a gold exchange along with the fifth degree of accommodation; (b) the Defendant would be paid KRW 6 million monthly salary if he/she had registered his/her business in the name of a marine reporter, registered his/her business in the name of four and has induced investments from other persons, and managed the money. (c) the invested money purchased the money less than the market price by sending it to the fifth degree of accommodation, and then processed it in the form of animal or dud, and then sold the money to the gold wholesaler in the form of the market price, and then paid the proceeds after selling it in the form of the market price to C and dud, and the principal shall be guaranteed safely;

From that time, the Defendant: (a) returned to the D (E) church located in Seoul; (b) made an investment presentation; (c) kept brochures in the church; and (d) received from the Defendant’s G bank account (H) on December 10, 2014, the Defendant received KRW 15-30 per annum more than bank interest than bank interest; and (d) transferred the money to the Defendant at a lower price than the market value; and (e) from April 10, 2014, the Defendant received KRW 1,00,000 from the Defendant’s G bank account (H); and (e) from October 10, 2014 to October 14, 2016, the Defendant received the money from the Defendant at a lower price than the market value.

Accordingly, the defendant, in collusion with B, did not obtain authorization or permission, or make registration or report under the laws and regulations.