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(영문) 부산지방법원 동부지원 2019.01.15 2018고합17

유사수신행위의규제에관한법률위반방조

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1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] Defendant L was sentenced to imprisonment with labor for a violation of the Act on the Regulation of Conducting Fund-Raising Activities at the Seoul Southern District Court on May 10, 2017, and was sentenced to two years of suspended execution on July 14, 2017, and is still under suspended execution.

【Criminal Facts】

1. The Defendant is a director of the AF Co., Ltd. (former trade name: AG; hereinafter “AF”), who is a similar recipient company, and assist the business of the Defendant in the course of AH, AI, AJ, etc., who is a substantial operator of the company.

No one shall engage in a business of receiving contributions under an agreement to pay the whole amount of principal or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and subordinate statutes.

Nevertheless, from September 13, 2012 to November 21, 2012, the Defendant agreed to the effect that if the said H, etc. invested in the NPL (non-performing Claim with a safe profit structure) from around 13, 2012 to around 172 times in total, the Defendant would guarantee the principal and pay 12% to 18% through 172% per annum to the investors.” In doing a similar fund-raising act that received KRW 2,879,379,134 in total, the Defendant assisted the said crime by attending various meetings and assisting investors in field education.

2. Defendant B is a director of AF who performs the company accounting affairs.

No one shall engage in a business of receiving contributions under an agreement to pay the whole amount of principal or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, or making registration or report, etc. under other Acts and subordinate statutes.

Nevertheless, the Defendant’s above AH, etc. from September 13, 2012 to December 31, 2013 pursuant to the law.