유사수신행위의규제에관한법률위반
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall engage in the business of fund-raising from many unspecified persons without obtaining authorization or permission, or making registration, report, etc. under other Acts and subordinate statutes.
Nevertheless, the Defendant: (a) explained to the effect that C makes an investment in the business of operating a restaurant for a rest in an expressway, and that “C is operating a restaurant for a rest in an expressway, and if it makes an investment, it will guarantee high profits; (b) from May 10, 2006, the Defendant: (c) provided the victim F that “C is operating a restaurant for a rest in an expressway, and if it makes an investment, it will guarantee 4% of the monthly profits and guarantee the principal of the investment; and (d) provided the victim with an explanation that “C will receive 160,000,000 won from the victim to the account (G) in the name of C for the same day; and (c) received the investment, in collusion with C, the Defendant received the investment amount in full or in excess of the investment amount; and (d) received the same from around December 26, 2003 to August 31, 2007, with the total of KRW 777,526,226,26.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness F, H, I, J, K, L, M, N,O, P, Q, R, T, U, and V;
1. Examination protocol of the accused by prosecution;
1. Application of Acts and subordinate statutes on details of transactions in each account, such as the complaint, each investigation report, attachment of a list of crimes used in the investigation by the prosecution;
1. Article 6 (1) and Article 3 of the Act on the Regulation of Optional to and Receiving Punishment for Criminal Facts and Articles 6 (1) and 3 of the same Act;
1. The facts of the instant crime that the Defendant raised funds under Article 62(1) of the Criminal Act are generally recognized and contradictory to the facts of the instant crime, the family members, relatives and relatives of the Defendant themselves and the Defendant incurred property damage due to the instant case, and a large number of investors of the instant case who invested in the Defendant, although the amount of solicitation was not small.