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(영문) 울산지방법원 2012.03.15 2012고단130
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 20, 2007, the Defendant 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 at the Seoul Central District Court. On March 27, 2009, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud and completed the execution of each of the above punishment on January 16, 201.

No one shall conduct a business of importing investments under an agreement to pay the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization, permission, registration, report, etc. under Acts and subordinate statutes.

In the E office of the Defendant’s operation of the 6th floor of the building in Ulsan-gu, Ulsan Metropolitan City, on June 2011, the Defendant agreed to the effect that “On the part of the Defendant’s employees, our company shall purchase and sell to investors the 2.8 billion won Busan metropolitan Gel in Busan, with dividends of KRW 1.2 million per month or KRW 40 million per day, and on the part of investments of KRW 60 million, the principal shall be paid as dividends of KRW 1.8 million per month. The Defendant would return the dividends after six months. Even if the business was erroneous, the Defendant would pay the dividends that the Defendant was responsible for all the liabilities and promised to pay for all the dividends to the company.” On June 29, 2011, the Defendant received from the victim as investments in the above office.

In addition, the Defendant, from May 20, 201 to August 26, 2011, obtained any authorization, permission, or registration under the law from around May 20, 201, to around August 26, 201, and agreed to pay a total of KRW 1,310,000,000,000, in total 39 times as indicated in the annexed crime list, and agreed to pay an amount of money in the future as a business investment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against H, I, and J;

1. Each police statement made to K and F;

1. The police seizure record; and

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