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(영문) 수원지방법원 2018.08.16 2018고단1110
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 14, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a crime of fraud at the Suwon Giwon, and the said judgment became final and conclusive on September 22, 2017.

【Criminal facts (State)C [2] [3] A.D. established on August 16, 2012 (State) D changed to E. (State)C on October 18, 2012, and the representative director changed to D again on November 20, 2012] will return the full amount of the investment money after 15 days from the date of the investment and pay the profit equivalent to 10% of the investment money if the F made an investment to a large number of unspecified persons by concluding a discretionary investment contract with G and/or an affiliated company.

As a similar recipient company attracting investment money by explaining the purport of “h, H is the head of the group of the said (State)C, and H group, and the Defendant decided to attract investors as a business entity of H group and pay one to five percent of the investment amount as an allowance for attracting investment.

No one shall engage in a business of raising funds under the pretext of investments, etc. under an agreement to make payments for the total amount of investments or an amount in excess thereof from many and unspecified persons without obtaining authorization or permission under finance-related Acts and subordinate statutes.

Nevertheless, the Defendant, in collusion with the above F and H, did not obtain authorization or permission under the finance-related Acts and subordinate statutes, provided, at the office of Gangnam-gu Office I and IV (State) Seoul, on November 28, 2012, that “If there is a company called C, the principal shall be returned two weeks after the investment, and interest shall be paid 10% after the investment,” and that “the principal shall be paid 17 million won by the J, K, L, and M, as described in the attached crime list from November 20, 2012 to March 13, 2013, the Defendant was engaged in the business of raising funds under the pretext of investment, etc., by obtaining a total of 660,500,000 won from many and unspecified persons, and agreed to pay the total amount of investment or the amount exceeding it in the future.

Summary of Evidence

1. Statement by the defendant in court;

1.With respect to M and J, respectively.

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