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(영문) 부산지방법원 2019.01.14 2017고단5212

유사수신행위의규제에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

"2017 Highest 5212"

1. On June 30, 2014, the Defendant violated the Act on the Regulation of Conducting Fund-Raising Business without Permission: (a) called “A building D, which is the office of the Defendant located in Suwon-gu, Busan, and E; and (b) called “in the Republic of Korea, there is no problem with law,” and “in the event that a large amount of money is loaned from the loan, the loan business will be operated and the principal will be guaranteed and the interest of 5% per month will be paid definitely.” (b) the Defendant received KRW 2.6 million from the name of the Defendant’s wife to the Busan Bank account in the name of the Defendant’s wife from March 8, 2017, and received KRW 1.54,868 million over 159 times, such as the attached Table 1-1, 1-2, from March 8, 2017.

As a result, the Defendant agreed to pay the total amount of investment or an amount exceeding it in the future from an unspecified number of unspecified persons without obtaining authorization, permission, registration, or reporting under the laws and regulations, and received the investment without delay.

2. Fraud;

A. A. On January 25, 2017, the Defendant stated that “The Respondents in the H coffee shop G located in Busan, Seo-gu, Busan, would obtain high profit from the Defendant’s investment in money. If the Defendant borrowed KRW 5 million to B, the principal will naturally be guaranteed, and the principal will be repaid with KRW 2750,000,00,000, which is 5% interest, within five days.”

However, in fact, the Defendant was liable for approximately KRW 100,000,000, and the name was obtained from a person who is not known (one person: I written complaint) and was engaged in an act of fund-raising under the name of “defluence” in order to pay the principal and interest to the existing investors, and thus, there was no intention or ability to guarantee the principal and interest even if the said money was received from the victim.

The Defendant, from January 26, 2017, received the remittance of KRW 5 million from the victim, from the victim, from that time. < Amended by Act No. 14513, Mar. 3, 2017>