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(영문) 인천지방법원 2014.03.26 2013고단8191

유사수신행위의규제에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the head of the planning office of the (State)C, which is a similar recipient company that has a real estate specialized investment in the 2nd floor B in Daegu Suwon-gu B, 203, and D is the representative director (the confirmation of the crime) and E (the confirmation of the crime) is the auditor, and F (the confirmation of the crime) is the management director and G (the suspension of indictment on August 16, 201).

No one shall engage in the business of raising funds from many and unspecified persons without obtaining authorization, permission, registration, reporting, etc. pursuant to other Acts and subordinate statutes, and make an agreement to pay the total amount of investments or an amount in excess thereof in the future, and receive the investments without any delay.

Nevertheless, the defendant is responsible for the role of preparing the business plan, etc. of the C; D) the role of inviting investors; E; E; the role of providing the card terminal of credit card member stores, such as H and I; the role of exercising overall control over the management of investors; and G; and the role of conducting the accounting affairs; and G publicly offered to secure the principal for investors; and to receive money and valuables as an investment to pay high-rate dividends; and after installing the card member shop in the above office, H, the farming association corporation J, and I installed the card member shop in the name of H, J, and I, and then paid an amount equivalent to the investment amount by credit card without actual transactions; or received money from the bank account in the name of the State (K).

Around August 8, 2009, the Defendant conspired with D, E, F, and G, and received KRW 20,000 from M by stating that “I will purchase and sell at a price higher than that higher than that higher than that higher than that higher than that higher than that higher than that higher than that higher than that higher than that higher at the time of sale in lots, and will return the proceeds. If I make an investment of KRW 350,000 per one unit, I will pay KRW 20,000 per week two times a week.”

The defendant conspireds with D, E, F, and G in sequence, and is attached from investors including L from April 22, 2009 to January 22, 2010.