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(영문) 수원지방법원 안양지원 2016.11.25 2016고단1110
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall engage in a business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration, reporting, etc. under Acts and subordinate statutes, and agreed to pay the total amount of investment or an amount in excess thereof in the future, without obtaining any permission, permission, or making a report, etc.

Nevertheless, on March 28, 2014, the Defendant: (a) opened an office to raise funds under subparagraph 1104 of the Gwanak-gu Seoul Special Metropolitan City building C in Seoul Special Metropolitan City, which had visited D on March 2014 without obtaining authorization or permission pursuant to the relevant laws and regulations; and (b) made it possible for D to receive fees for market price marginal profits and transactions from futures and other transactions from foreign companies mediating stock, futures, and foreign exchange transactions; and (c) to make profits from such transactions. If the Defendant wants to raise funds to be used as investment funds, he/she would pay 20% of the monthly profits by investing in Ironx with the money and return the principal without the mold; and (d) around March 28, 2014, he/she received KRW 10 million from the Defendant’s name to the Defendant’s account under his/her name; and (e) received KRW 700,000,000 from June 28, 2014 through a similar method such as transfer from many unspecified persons.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement E in the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each investigation report (Attachment to the account details, etc.);

1. Application of the Acts and subordinate statutes of the loan certificate, the memorandum of payment, the IrFx explanatory materials;

1. Articles 6 (1) and 3 (General Provisions of the Act on the Regulation of Conducting Fund-Raising Business without Permission) of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - Unfavorable circumstances: The same criminal record and the same reception shall be recruited.

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