유사수신행위의규제에관한법률위반
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission (an indication or advertisement) shall make any indication or advertisement concerning the business of many and unspecified persons for the purpose of performing any act of fund-raising business without permission;
Nevertheless, on March 2014, the Defendant requested a person in charge of the rice Luxembourg market, who is an advertising company, to publish the advertisement of (ju)C on the Internet homepage, etc. of the rice Luxembourg market from March 2014 to June 16, 2014, with the content of “investment recruitment, 1 million won per investment month, 400,000 won per investment, 100% per investment,” etc. In addition, the Defendant posted the advertisement on the Internet homepage, etc. of the rice Luxembourg market from March 20 to June 16, 2014.
Accordingly, the Defendant advertised the business of fund-raising without permission.
2. Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without Permission, permission, etc. shall be prohibited from importing investments under an agreement with many and unspecified persons for payment of the total amount of such investments or an amount in excess thereof in the future without obtaining authorization, permission, etc. or making registration or report
Nevertheless, on May 2014, the Defendant: (a) reported an advertisement in the rice Luxembourg market at the above office in the early police station, and (b) provided that “40% of the monthly operating income shall be paid and the principal shall be guaranteed” to D; (c) the Defendant was delivered from D with belief that “I will pay 13 million won out of the monthly operating income; (d) KRW 14.5 million on May 2, 2014; (e) KRW 14.5 million on May 8, 2014; and (e) KRW 25 million on May 13, 2014; and (e) KRW 75 million on May 15, 2014, including KRW 17.5 million, as a loan for security interest.”
Accordingly, the defendant performed the act of receiving money without obtaining authorization or permission under the law.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness D;
1. A protocol of examination of part of the defendant by prosecution;
1. Statement by the prosecution concerning D;
1. Defendant’s name, investment contract, deposit certificate, Defendant’s own seal.