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(영문) 광주지방법원 2016.06.01 2016고정386

유사수신행위의규제에관한법률위반

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The sentence against the accused shall be determined by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

No one shall make a similar receipt of investments under an agreement to pay the total amount of investments or an amount in excess thereof to an unspecified number of unspecified persons in the future without obtaining authorization or permission or making a report on registration pursuant to other Acts and subordinate statutes.

Nevertheless, the Defendant, at the Dong-gu Office in Gwangju Metropolitan City’s “D” office located in the 1st century, will make payment again by converting the amount of KRW 1,000 per Internet virtual currency into cash of the same value, after registering as a company that operates sexual beauty business, etc., and by converting the amount of KRW 1.2 million per unit into cash of the same value.

“Around November 2014, an investor E (n, 47 years of age) received an investment of KRW 6.1 million from around 2014, as well as an investment of KRW 6.1 million from around that time to January 16, 2015, total of 16 investors were granted an investment of KRW 69,90,000 from around 17 occasions, as shown in the list of crimes in attached Form 16.

Accordingly, the defendant agreed to pay the total amount of contributions or the amount exceeding the amount of contributions in the future and received similar amounts of contributions as business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A detailed statement of deposit and withdrawal transactions, and a written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes on the investor list;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;