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(영문) 대구지방법원 2017.09.08 2017고정1065
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

D As a representative of a similar recipient company of the trade name “F” in the Daegu-gu Dong-gu E, Daegu-gu, the management of the said company was controlled by G. G, the said company’s “ordinary business”, H, the said company’s “auditor”, and the Defendant, as the “director” of the said company, conspired to receive similar amounts against many and unspecified persons by means of attracting investors and explaining their investments, respectively.

No one shall make a similar receipt of investments under an agreement to pay the total amount of investments or an amount in excess thereof to an unspecified number of unspecified persons in the future without obtaining authorization, permission, registration, reporting, etc. under Acts and subordinate statutes.

Nevertheless, on January 28, 2015, the Defendant shall pay 5% of the monthly investment funds to I, J, K, and L at the “F office located in Daegu-gu, Daegu-gu, as dividend income.”

The principal shall be paid after one year.

“Along with the content of the project, “A” shall be given to I as investment a sum of KRW 20 million from J, KRW 10 million from K, KRW 10 million from L, and KRW 50 million from L as its representative, and D shall set the dividend ratio, etc. and explain investment plans to G and H, and G and H around that time, shall attract investors from the above office and explain the details of the investment to investors.

Accordingly, in collusion with D, G and H, the Defendant committed a similar receiving act without obtaining permission or filing a registration report in accordance with other laws and regulations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D or H;

1. Each police statement made to I and K;

1. Each investment certificate, a certificate of borrowing, a certificate of all registered matters, each statement of deposit transactions, each business registration certificate, each certificate of deposit transactions (F), each statement of payment of allowances (A) and the application of statutes;

1. Article 6(1) and (2) of the Act on the Regulation of Similar Receipt of Criminal Proceeds and the Optional Receipt of Punishment

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