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(영문) 서울동부지방법원 2015.11.19 2014고단1381
유사수신행위의규제에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for seven years, for two years and six months, for Defendant C, for one year and two months, and for Defendant D.

Reasons

Punishment of the crime

[criminal power] On March 27, 2001, Defendant A was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court, and two million won for the suspension of execution on April 13, 2002. On December 15, 2004, Defendant A was sentenced to imprisonment with prison labor for one year and three years for the suspension of execution at the Seoul Southern District Court for fraud. On October 27, 2005, Defendant A was sentenced to imprisonment with prison labor for ten months at the Seoul Western District Court for fraud. On August 14, 2007, the Busan District Court sentenced Defendant A to imprisonment with prison labor for a violation of the Act on the Regulation of the Aggravated Punishment, etc. of Specific Economic Crimes, and completed the execution of each of the above punishment at the Suwon District Court on January 8, 2009.

Defendant

C On April 26, 2012, the Seoul Eastern District Court was sentenced to two years of imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc., and the said judgment became final and conclusive on September 18, 2012.

[2014 Highest 1381, Defendant A]

1. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without permission or permission under other Acts and subordinate statutes shall engage in the business of receiving contributions from many and unspecified persons under the agreement to pay the total amount of contributions or an amount in excess thereof in the future without registration or report, etc.;

Nevertheless, Defendant A, along with Q and C, established R, which is a corporation that most of agricultural products distribution; Q, the representative director of R R, the Chairperson, and the Defendant registered as internal directors; and, after having agreed to pay high-amount profits through the above corporation, Defendant A was willing to engage in an act of fund-raising, such as attracting investment from many and unspecified persons.

Accordingly, on January 6, 2010, Defendant A purchased rice from local agricultural cooperatives, etc. in an officetel where the number of houses of the building of Songpa-gu Seoul Metropolitan Government is unknown.

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