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(영문) 서울중앙지방법원 2020.04.22 2019고단2720
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

As a transfer set of Company B established for the purpose of investing in foreign derivatives, the Defendant is a person who publicizeds and sells the investment products in the above B through Internet Broadcasting CD, Internet C, and Kaf-G operated by the Defendant.

No one shall agree to pay the full amount of contributions or an amount in excess thereof in the future without obtaining authorization and permission from the authority, nor shall he/she receive money, etc. from many and unspecified persons for the purpose of making investments, etc.

Nevertheless, around July 3, 2015, the Defendant: (a) explained that “B is an overseas financial brokerage company with a subsidiary company in the United States, New Zealand, and Hong Kong, and operates customer’s financial assets with global highest asset management at a global earning rate of 10 hedge funds; (b) upon investing in the FX-based products, etc. in B, the Defendant provided that “B will guarantee principal and pay 8-12% profits according to the goods,” and received total amount of KRW 590,000,000 from the above I to March 30, 2017, and received total amount of KRW 590,000,000 from October 1, 2014 to October 30, 2017; and (c) received a total of KRW 30,000,000 from the above I to the 30-10,000,000 in the same manner as the investor’s 30-14,019.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, K, L, N,O, P and Q;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. Details of the petition, statement of transactions, investment contract, etc., content of consultation, content of consultation, record of answers, tables, the contents of Kakao Stockholm, introduction of financial products, and content of broadcast of financial design;

1. Each statement of L, K, N,O, P, and Q.

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