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(영문) 인천지방법원 2014.04.23 2013고단5269

유사수신행위의규제에관한법률위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for two years.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who jointly commits a crime under the conditions as prescribed by finance-related Acts and subordinate statutes shall import investments or receive money under the pretext of deposits, installment savings, deposits, etc. in order to engage in business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration or report;

Nevertheless, on December 28, 201, the Defendants received 60,000,000 won from the said G to the Agricultural Cooperative Account in the name of the said D as an investment deposit, and received from March 29, 2012, the sum of KRW 180,000,000 from the day to March 29, 2012 from that time, as shown in the attached crime list, from the said G to March 29, 201, by explaining to the purport that “in the event of an investment, it shall pay interest equivalent to 5% of the monthly investment amount every month after making a profit through foreign exchange transactions, and the minimum investment period is six months, but if a request for termination was made 15 days before December 29, 2011.”

As a result, the Defendants conspired to make payment of the total amount of the investment or the amount exceeding the amount of the investment in the future from many unspecified persons without obtaining authorization or permission, and imported the investment, etc. as a business without permission.

2. Defendant B, etc., made it possible for investors to make a lot of profits through foreign exchange transactions, guaranteed the principal when making an investment, deceiving the investors as if they can pay 5% interest every month, and conspired to divide the roles of Defendant B, while explaining their business to investors, and managing the accounts in the name of D by receiving money from the accounts in the name of D.

The Defendant shall pay the victim G with interest equivalent to 5% of the monthly investments left over through foreign exchange transactions at the time and place specified in the foregoing paragraph (1).