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(영문) 대구지방법원 포항지원 2012.04.18 2011고정512
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C)The nominal owner of D’s franchise, E is the actual management owner of the above company, F is the representative director of the above company, the defendant is the investment adviser of the above company, and G is the chief director of the above company.

No one shall conduct an act of receiving money without obtaining authorization or permission, or making registration or report pursuant to other Acts and subordinate statutes, under which many and unspecified persons agree to pay the total amount of money invested or an amount in excess thereof in the future.

Nevertheless, the Defendant, in collusion with G, E, F, and C on April 3, 2010, recommended the investment of the 8th floor D office of the H building in Daegu-gu, Daegu-gu, that “if one million won per unit is invested by opening a franchise and operating it as an investment fund, one million won per annum shall be 30,000 won per annum 60,000 won per annum, and one million won per annum shall be paid 600,000 won per annum 60,000 won per annum 30,000 won per annum 60,000 won per annum,” and received nine million won per day from March 22, 2010 to June 11, 2010 by the same method as indicated in the annexed list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J and K;

1. Protocol concerning the examination of suspects concerning G;

1. Each police statement made to I, G, L, J, and K;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of details of payments related to ports branch offices and G-related payments among details of transactions of D corporate accounts);

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Fund-Raising and Receiving Penalties without Permission; Article 30 of the Criminal Act; Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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