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(영문) 서울중앙지방법원 2020.02.12 2019고단3872

유사수신행위의규제에관한법률위반

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is a person who operated a company B, which is an online game service provider, from August 2002 to April 2014.

Since June 2012, the Defendant, upon the lack of the company’s operating capital, guaranteed the principal of investment on the face of B by attracting B’s investment funds from Kapets members, and promised B to make a bypass listing in advance at the time of a bypass listing, with intent to make an investment solicitation through E.

No one shall engage in any act of receiving money, etc. from many and unspecified persons without obtaining authorization, permission, registration, reporting, etc. under Acts and subordinate statutes for the future to pay the full amount of investment or an amount in excess thereof.

Nevertheless, the Defendant did not obtain authorization and permission under the laws and regulations at an infinite place on July 5, 2012, and without obtaining E through E, is entitled to participate by up to 100 % per annum, including the principal, for two years from July 16, 2012, with the title “F” as “F.”

“.” The notice was written from July 15, 2012 to July 20, 2012, and the sum of KRW 1.614 billion from the total of 182 members D carpets as indicated in the attached list of crimes, and the Defendant received KRW 1.614 billion from E on July 20, 2012. The Defendant received KRW 1.614 billion from E on July 20, 2012.

Accordingly, the Defendant conspiredd with E to receive the fund without delay.

2. Determination

A. 1) The Defendant was unaware of the fact that E was not aware of the fact that E was raising funds from its members, and the Defendant did not participate in the process of raising funds from its members, thus asserting that E did not engage in the same act of receiving funds without delay as stated in the facts charged. 2) The record reveals that the following facts are acknowledged.

A E around July 20, 2010, shall be D Investment Cafe, operated by oneself.