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(영문) 의정부지방법원 2013.04.26 2012노1001
유사수신행위의규제에관한법률위반방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, on September 22, 2008, transferred L et al. (hereinafter “instant company”) to L et al. with the office of L et al. written, and L et al. merely introduced investors by providing that L et al. operate the clothing dumping business. The Defendant did not assist L et al. by soliciting investment in E, G and H, thereby facilitating the crime of fund-raising through the instant company and aiding and abetting L et al., but the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① Articles 2 and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Registration, etc., are prohibited from engaging in the business of making a full payment of the principal of investments or other nominals in the future to many and unspecified persons without permission, registration, etc., or making an agreement to pay an amount in excess of the full amount of the above money, or from making a payment under the said money, and also punishing persons who committed such prohibited acts under Article 6 of the above Act. The actual business performed by L, etc. is a provision punishing persons who committed such prohibited acts under Article 6 of the above Act. The actual business performed by L, etc. by soliciting the group heads of groups from many and unspecified persons and raising money in excess of the investment amount without any separate authorization, permission, registration, etc., and constitutes a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc.

9. Until April 1, 200, a person who had worked in T, a similar recipient company acting as a broker of medical device franchise business, has actually been engaged in the clothing dumping business.

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