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(영문) 서울동부지방법원 2019.06.05 2018고정1336
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in any business of raising funds from many and unspecified persons without obtaining authorization or permission, making registration or report, etc. under Acts and subordinate statutes, and engage in any business of receiving money without permission, permission, making an agreement to pay the whole amount of principal or any amount in excess thereof in the future.

The Defendant: (a) around August 2015, without obtaining authorization or permission under Acts and subordinate statutes; (b) opened an explanatory meeting for investment to an unspecified number of investors by creating an unregistered business entity that appears to have been registered as a corporation under the name of Gangnam-gu Seoul building C; and (c) explained to the effect that “B is the D representative director of the competent Si/Gun/Gu. If an investment is made in our company, the principal shall be guaranteed; and (d) would pay 125% of the investment amount with profits generated from investment in many corporations; (b) agreed to pay the total amount of principal or the amount in excess thereof; (c) KRW 5 million on August 26, 2015; and (d) KRW 305 million on September 3, 2015; and (d) KRW 300 million on September 10, 2015; and (e) KRW 9700,000 on September 16, 2015; and (d) received KRW 2015 million on September 25, 20015.

Accordingly, the defendant did the act of fund-raising without permission.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's statement concerning G;

1. A complaint filed by G;

1. A copy of each deposit certificate, a copy of each investment certificate, or a copy of each loan certificate;

1. The case summary arrangement assistant meeting (Seoul Central District Prosecutor 2017No. 3330), records (including copies and police statement of E) 1.

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