방문판매등에관한법률위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No one shall engage in the business of raising funds from many and unspecified persons without obtaining authorization or permission, making registration or making a report, etc. under 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 similar receipts of investments.
The Defendant in collusion with E, the head of the D branch office of C Company D, “F is a product that pays profits to investors with exchange gains arising from foreign exchange transactions, guarantees the principal, pays 1% interest per month, pays the principal upon the expiration of a one-year contract period, and returns the principal except interest, if found before the contract period.
By soliciting the victim to make an investment, “,” the victim committed similar receiving act by inducing the victim to transfer KRW 35 million to the H bank account (I) in the name of G, KRW 15 million on August 29, 2015, and KRW 20 million on November 2, 2015.
Summary of Evidence
1. The part corresponding to the defendant's legal statement
1. Each legal statement of the witness B and J;
1. Application of Acts and subordinate statutes on personal investment agreement;
1. Article 5 (1) and Article 3 of the Act on the Regulation of Similar Receiving of Punishments, Articles 30 of the Criminal Act, and the choice of imprisonment for a crime;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act
1. Defendant and his defense counsel’s assertion
A. The Defendant was unaware of the fact that C Company did not obtain authorization or permission or file a registration or report.
B. F is likely to incur principal loss and the Defendant explained this to B, and the Defendant’s act does not constitute a similar act of receiving the principal.
(c)
C Legal adviser of the C Company does not constitute a similar receiving act of the C Company’s business.
The Defendant trusted this.
Therefore, even if the defendant's act constitutes a similar receiving act, the law is legitimate.