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(영문) 인천지방법원 2018.03.22 2018고단419

유사수신행위의규제에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No one shall engage in a similar receiving business of receiving contributions under an agreement to pay the total amount of contributions or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission under Acts and subordinate statutes or making any registration or report, etc.

The defendant is the representative director of the AO farming association, and the AP is the chief director of the overall headquarters of the above corporation.

The Defendant, along with AP, can produce and sell stem cell cosmetics and sell home shopping, without the authorization of the competent authority, at the trade infinite office located in Seoul around January 2016.

If an investment of KRW 10 million is made, 120% will be made.

The amount of KRW 12 million per week shall be paid in six weeks per week, or the amount of KRW 12 million per month shall be paid in a lump sum.

“Around January 29, 2016, a person received KRW 4.3 million from A Q for investment purposes, as well as from around that time to April 20, 2016, a total of KRW 4.5.2 million from 6 persons, including A Q, in total, 5.2 million, in the same manner as indicated in the attached crime sight table, from around the same time to around April 20, 2016.

Accordingly, the defendant did similar receiving act without obtaining authorization under the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on AR, AS, AT, Q, and AU;

1. Data for presentation for investment, details of transactions, and registration certificate of VIP members;

1. Investigative Report (Attachment of Trade Details), Investigation Report (Entry Details), Investigation Report (AV Statement Hearing Report), Investigation Report (AW Statement Hearing Report), Investigation Report (AX Statement Hearing Report), Investigation Report (AX Statement Hearing Report), Investigation Report (AX Statement Hearing Report), Credit Inquiry Report such as AO Farming Association Association, and Investigation Report (Attachment of VIP Member Registration Certificate) Act and subordinate statutes shall apply;

1. Article 6(1) and Article 3 of the Act on the Regulation of Similar Receipt of Punishments, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 400 million won in total by the defendant directly explaining the investment to the victims, soliciting investment, etc.

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