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(영문) 서울북부지방법원 2013.07.02 2013고정1510
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a substitute driving call center in the name of “B”.

No one shall advertise his/her business to many and unspecified persons for the purpose of performing any fund-raising business without permission.

Nevertheless, on January 24, 2013, the Defendant: (a) accessed the Internet rice market site at the “B” office located in Jungdong-gu Seoul Metropolitan Government, and (b) requested an advertisement to the effect that “to create stable income and secure the principal of investment. 60% per annum of investment. Guarantee of 60% per annum of investment.” From January 28, 2013 to February 1, 2013, the Defendant published the said advertisement five times on the “Stile rice Luxembourg market,” which is an information publication, in order to engage in an act of receiving the same without delay.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of TPP to the certificate of advertisement transactions, the examination of a rice market, and the deposit details of virtual accounts;

1. Article 6 (2) and Article 4 of the Act on the Regulation of Conducting elective Receipt of Penalties concerning Criminal Facts and the Punishment without Permission;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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