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(영문) 서울동부지방법원 2017.06.02 2017고정395

유사수신행위의규제에관한법률위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the vice president of the company B.

The defendant in collusion with the representative C, etc. of the above company without authorization, permission, registration, or report under laws and regulations, and around February 4, 2016, the defendant in the B office in Gangnam-gu Seoul Metropolitan Government D2, "B is a company raising a lot of profits by investing in real estate.

If an investment is made in the Company, 120% of the principal shall be returned to 40 weeks, and 10% of the recommended allowances shall be given from March 15, 2016 to 10% of the recommended allowances. < Amended by Act No. 14073, Mar. 15, 2016>

5. From 16. up to 12. Along with the list of crimes in the annexed sheet, 12.5% of the total amount of 52.9 million won was received, and around that time, there was a similar receipt of money in the business of raising funds under the name of deposits, installment savings, installment deposits, deposits, etc., under which many and unspecified persons agreed to receive the investment money in the above way and to pay the total amount or excess amount of the principal in the future.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 6 (1) and Article 6 (3) of the Act on the Regulation of Similar Receipt of Criminal Crimes and the Optional Receipt of Punishment, and the Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the background and degree of participation that the defendant caused the instant crime, the fact that E, the complainant, cancels a complaint, and other conditions of sentencing as shown in the trial process of the instant case, including the Defendant’s age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., shall be equally considered and determined as ordered.