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(영문) 대전지방법원 2015.09.16 2015고단2196

유사수신행위의규제에관한법률위반

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A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

No one shall engage in a business of raising funds by mutual agreement with many and unspecified persons for payment of the total amount of their investments or an amount in excess thereof in the future without obtaining authorization or permission from the authorities or making registration or report.

The Defendant, in collusion with the Daejeon Head of Daejeon Co., Ltd. Co., Ltd., a precious metal and mineral development enterprise, agreed to pay the total amount of investment or the amount in excess thereof from many and unspecified persons in the future without obtaining authorization and permission from the authorities, in collusion with D and Vice-President E, the representative director of the said C, etc., and has

From September 2013 to December 2013, the Defendant explained, at the Daejeon Daejeon Office, that “A company entered into an exclusive contract with an unspecified number of investors around the world, 30% of the total amount of 50 to 100 billion won for each person who invested in Russia at the end of 50 to 100 times,” the Defendant provided that “A company shall make an investment in the unit of KRW 5 million, 500,000,000,000,000 won, KRW 33,000,000,000 won, and KRW 5,000,000,000,000 won, shall be guaranteed, and that two times of the investment amount shall be determined by 1% per day from October 4, 2013 to December 3, 2013,” and the Defendant raised a total of KRW 150,000,0000,00 as attached Table 213.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of G, H, I, D, and E;

1. A statement of performance and a written confirmation;

1. A detailed statement of allowances;

1. Explanatory materials;

1. A specification of transactions;

1. Application of relevant statutes on decisions;

1. Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Article 30 of the Criminal Act and the choice of imprisonment for a crime

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the beginning offender, reflectment, circumstances and degree of participation, scale of crime, size of profit, degree of punishment of accomplices, etc.);