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(영문) 대전지방법원 천안지원 2018.06.22 2018고단299
유사수신행위의규제에관한법률위반
Text

Defendant

A shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B On September 29, 2016, the Seoul High Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on December 29, 2016, and the above judgment was finalized on December 29, 2016. On August 22, 2017, the Seoul High Court sentenced two years of suspended sentence to imprisonment for a period of ten months for fraud, etc., and became final and conclusive on August 30, 2017.

Although the facts charged in the instant indictment do not contain a previous conviction that became final and conclusive on August 30, 2017, the judgment on the previous conviction was submitted as evidence and completed the examination of evidence, and thus, even if the previous conviction was entered in the instant criminal facts without changing the indictment, it is deemed that there is no disadvantage to Defendant B’s exercise of defense right.

Defendant

B took overall charge of a company investment presentation and business in the name of D(the trade name was changed to E around March 2014) with its head office in the UK located in the fifth floor of the revised building of Sungnam-si, Sungnam-si, and Defendant A played a role of attracting investment from many unspecified investors upon the direction of Defendant B.

1. No person who has committed an act of receiving contributions under a mutual agreement with many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization, obtaining permission, making registration, making a report, etc. under finance-related Acts and subordinate statutes

Defendant

A In collusion with Defendant B on August 4, 2014, in the vicinity of G in Kimhae-siF, H “D is a English company that develops film or mobile content by receiving an investment, and if it is a company that develops film or mobile content by making an investment, it may make a profit.

35,750,00 won in investment means that: (a) the profit may be distributed at the intervals of one month or two months; and (b) the amount of KRW 11,375,00 in earnings may be received if the investment status is maintained for five years; (c) the amount of KRW 11,375,00 in earnings on August 4, 2014; and (d) the amount of KRW 375,00 in earnings on August 24, 2014, shall be transferred to the I bank account under the name of the Defendant B for investment.

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