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(영문) 서울남부지방법원 2012.10.24 2012고정2860

유사수신행위의규제에관한법률위반방조

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall engage in a business of raising funds from many and unspecified persons without obtaining any authorization or permission, or making any registration or report, etc. under other Acts and subordinate statutes.

From June 1, 2010 to September 29, 201, the Defendant: (a) operated a mutual lending company of D Co., Ltd. from around 2006, without obtaining authorization, permission, registration, reporting, etc. pursuant to other Acts and subordinate statutes; (b) assisted the Defendant by facilitating the Defendant’s criminal act, such as lending the Defendant’s bank account to the network C, by introducing the network C, etc. in order to assist the Defendant in raising funds from many unspecified persons, including raising approximately KRW 4 billion from E, etc. under the condition that interest rate is high; and (c) raising money exceeding 10 billion from many unspecified persons, etc.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. A complaint;

1. Details, etc. of loans, such as complainant E;

1. Application of Acts and subordinate statutes concerning details of transactions, including complainantF;

1. Articles 6 and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission for Crimes, and Article 32 (1) of the Criminal Act;

1. Articles 32 (2) and 55 (1) 6 of the Criminal Act, which are statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.