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(영문) 서울중앙지방법원 2018.12.19 2018고단6192

유사수신행위의규제에관한법률위반

Text

Defendants shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On July 25, 2018, A was sentenced to one year of imprisonment with prison labor for violating the Labor Standards Act at the Seoul Central District Court on July 25, 2018, and the judgment became final and conclusive on August 2, 2018.

Defendant

A is the representative director of D, a corporation established for the purpose of investing, etc. in securities, who exercises overall control over the business affairs of the above corporation, and Defendant B is the director of D, who is in charge of the above company's financial affairs.

No one shall agree to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission from the authorities, and engage in "similar receipt of money, etc." which is imported from many and unspecified persons for the purpose of making investments, etc.

Nevertheless, on July 28, 2014, the Defendants conspired and explained to the effect that “D has purchased the shares of H from around November 2013, 2013 to many and unspecified persons, including G, in the F Office in Gangnam-gu Seoul, about July 28, 2014, the Defendants were to receive KRW 9,450,000 from the above G to receive KRW 9,450,00 as investment money, and from July 18, 2014 to the effect that “D shall purchase the shares of H from around November 2013.” If investments are made in our company, the principal shall be guaranteed at the time one year has elapsed since the investment was made, and the proceeds shall be paid as profits if the above H’s shares are less than 7%.”

8. From the date of April, 14, an act of receiving similar amounts of KRW 53,50,000 in total under the pretext of investment five times, such as the statement in the list of crimes attached hereto.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Investigation report (to hear statements from complainants and reports on investment conditions);

1. A detailed statement of deposit and withdrawal, each trading ledger, details of transactions, a detailed statement of transactions, a written confirmation on deposit of purchase price of stocks, and a detailed statement of transactions;

1. Investment agreements, stock trading contracts, etc.;

1. Previouss before judgment: Investigation report (suspect A.