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(영문) 창원지방법원 진주지원 2018.06.12 2017고단1147

유사수신행위의규제에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

C (C) A (hereinafter referred to as “C”) is a company referred to as a financial institution specialized in FX M&C transaction, which is a kind of foreign exchange derivatives transaction, and upon joining C as a member after paying investment money, it is entitled to guarantee a fixed amount of 3 to 8% per month and the principal amount, and it can verify the details of investment money, recommended and recommended allowances, and dividends to be paid in the future through the personal account established on the above Internet website.

The fund was received in a way of publicity.

However, C does not inform the location of the office, the current status of operation, the overseas remittance of the investment funds delivered to the fund raiser, the actual user, and the source of dividends delivered to investors, and it does not have FDM status necessary for the FX M transaction, and Korea does not have branch offices.

C The highest investor D in Korea established E, a meeting in charge of official dialogue with C head office for the purpose of increasing the assets, protecting assets, managing safe assets, etc. of domestic investors, and the Defendant was actively engaged in activities, such as holding an investment attraction briefing session to attract investors in the Jinju area as a fund raising source under the interest of E members D.

No one shall receive contributions from an unspecified person under an agreement to make payment of the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission, making registration, making a report, etc.

Nevertheless, the Defendant, along with D and non-name fund-raising sources, obtained the FDM authorization from many and unspecified persons as a securities company specializing in the FX M&, which has a branch office in Singapore, and the FF Group G subsidiaries in Thailand are located in the F Group G companies in Thailand. C has received investments from members.