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(영문) 인천지방법원 2015.08.19 2015고단3586

유사수신행위의규제에관한법률위반

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 4,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative of the illegal fund-raising company B, which is located in Bupyeong-gu Incheon Metropolitan Government D Building 302.

A person shall not engage in any act of receiving money in full or in excess of investments from an unspecified number of unspecified persons without obtaining authorization or permission from, making registration for, or making a report on, the authority, and making an agreement to pay money in excess of the amount of investments in the future. However, around November 25, 2013, the Defendant received 495,000 won as investments from E for the purpose of receiving money from the said company office in exchange for cash exchange for 11,00 won. < Amended by Act No. 11900, Nov. 25, 2013>

In addition, from the above date to March 28, 2014, the Defendant agreed to receive a total of KRW 18,437,000 from three investors on a total of 23 occasions in the same manner as indicated in the attached list of crimes, and to pay an investment amount of KRW 18,437,00 as an investment amount in the future, and imported the investment amount without delay.

2. As to Defendant B’s Defendant’s business, A, a representative, agreed to pay the total amount of investment or an amount in excess thereof in the future, and imported the investment without delay.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement to E by the police;

1. A specification of transactions by account, a copy of a specification of transactions, and a copy of transactions;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Articles 7, 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

1. Defendant A: Article 62(1) of the Criminal Act.