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(영문) 서울중앙지방법원 2018.08.21 2017고정3012
유사수신행위의규제에관한법률위반
Text

Defendant

A shall be punished by a fine of 5,00,000 won, by a fine of 3,00,000 won, by a fine of 1,00,000 won.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a substantial representative of Limited Liability Company B.

No one shall receive money under the agreement to pay the principal or an amount in excess of it to many and unspecified persons without obtaining authorization and permission from the authorities.

Nevertheless, the Defendant, without obtaining the authorization and permission for the banking business, etc. that is capable of guaranteeing the principal and receiving investment funds, advertised investment products with the main contents “to guarantee the principal and to pay 12-18% per annum, and to pay 10,000 won per annum,” and received 10,000 won from E on September 17, 2016, and from around that time to October 12, 2016, “I” in No. 14 in accordance with amendments to Bill of Amendment to Bill of Indictment as stated in the annexed List of Offenses is corrected to G.

The sum of KRW 9,800,000 was received through the same method over 22 times in total.

Thus, the defendant did not obtain the authorization of the authority and received the similar act.

2. Defendant B, the actual representative of Defendant B, performed the act of receiving similar duties in relation to the Defendant’s business at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Each legal statement of witness F and G;

1. A protocol concerning the examination of the suspect of each police officer against the defendant A;

1. Each police statement made against Defendant A or F;

1. Application of Acts and subordinate statutes attached to data to be submitted, performance guarantee insurance policy (H and B), and suspect data;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts (Selection of Penalty)

B. Defendant B limited liability company: Articles 7, 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts (Optional to Penalty)

2. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: Determination of the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act (the grounds for conviction).

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