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(영문) 서울중앙지방법원 2013.06.19 2013고단1031
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 17, 2013, the Defendant was sentenced to three years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on March 8, 2013.

【Criminal Facts】

The defendant is the representative (in-house director) of (in-house director) D in Gangnam-gu Seoul Metropolitan Government 7 floors, who engages in credit business.

No one shall conduct an act of receiving contributions without obtaining authorization or permission, or making registration or report, etc. pursuant to Acts and subordinate statutes, without making an agreement to pay the total amount of contributions or an amount in excess thereof from many and unspecified persons for the business of importing the contributions.

Nevertheless, around June 15, 2011, the Defendant agreed to pay the total amount of investment or an amount exceeding it under the name of total 1,542,00,000,000 as stated in the separate sheet of crime from around that time to November 22, 201, and to receive an investment from an unspecified number of people as a business of receiving an investment amount of KRW 1,542,00,000,00 from an unspecified number of people by making an investment to “5% (1,50,000,000,000) monthly dividends shall be paid every three months if the Defendant has invested KRW 10,00,000,000,” and thereby, received an investment amount from an unspecified number of people as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on F, statement on transfer receipt, detailed statement on transactions of self-reliance deposits, certificate of deposit transaction performance, copy of passbook, and statement of payment;

1. G, H’s statement and MCA money loan contract, Internet banking transfer certificate, cashier’s checks, cashier’s checks, each payment note, each confirmation letter, loan certificate, written financial transaction information provision, certificate of deposit transaction records, and agricultural financial transaction records;

1. Copy of all the registered matters, and copy of business registration certificate;

1. Business summary, SC Bank deposits/trust transactions;

1. A list of the facts of damage;

1. A money loan contract (pre-trial prior to the sale) for consumption;

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