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(영문) 서울서부지방법원 2013.09.05 2013고단1792
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On March 21, 2013, the Seoul Western District Court was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc. on March 29, 201, and the said judgment became final and conclusive on March 29, 201, Defendant A was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Central District Court on March 25, 201, and was sentenced to four million won of fine at the Seoul Central District Court on December 30, 208.

1. Defendant B, in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, is the representative director of Corporation D, the purpose of which is to sell merchandise coupons, and Defendant A is the person in charge of fund management, etc.

No one shall make a mutual agreement to pay the full amount of investment or the amount in excess thereof in the future without obtaining authorization, permission, etc. from an authority and without having many and unspecified persons receive money, etc. on the pretext of the investment deposit, etc.

Nevertheless, around April 25, 2012, the Defendants received an investment of KRW 16,404,400 from investors, including F, on a total of 29 occasions from March 15, 2012 to May 18, 2012, as indicated in the separate crime list, as stated in the following: “When investing money in our company, 3% of the investment amount shall be paid every day by entrusting the sale of Samsung Home Puscers gift certificates, and until the amount reaches 140% of the investment principal.”

As a result, Defendants conspired to make payment of the total amount of investment or the amount exceeding it without obtaining permission from the authorities, and made many and unspecified persons engage in an act of receiving money, etc. without permission from the authorities.

2. The Defendants are above the Defendants around April 25, 2012.

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