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(영문) 서울중앙지방법원 2014.09.05 2014고합287
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 8, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court, and the said judgment became final and conclusive on March 16, 2013.

No one shall make 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 or permission, or making registration or a report, etc. under other Acts and subordinate statutes without obtaining any authorization or permission, or making such an agreement.

The Defendant and C/D conspired to encourage D to make investments and visits to investors, provide a summary explanation to the investors visiting by the Defendant, and share the role of C by giving final explanation, and upon the occurrence of the investment, C intended to distribute the prescribed allowances to D and the Defendant.

Accordingly, on November 12, 201, the Defendant and C/D transferred KRW 3,00,000,00 from G to a new bank account in the name of the Defendant’s name, under the pretext of November 12, 2010, under the name of 50,000, under the name of KRW 50,000,000, under the name of the Defendant’s capital contribution, as follows: (a) at the F Office of the F Office located in the 7th floor of Gangnam-gu Seoul E building in Seoul, Seoul, for contact with G; (b) the Defendant provided a general explanation to G; and (c) C finally provided that “When investing in the H store’s goods for one year, in the territory of a permanent automobile company, the monthly dividend shall be paid; and (d) the principal

Accordingly, the defendant, C, and D conspired with others without obtaining authorization, permission, registration, report, etc. under other Acts and subordinate statutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and D;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Conducting Optional Receipt of Punishments without Permission, Articles 30 of the Criminal Act and Article 30 of the Criminal Act;

1. Violation of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Act on the Regulation of Conducting Fund-Raising Business without Permission and judgment shall be sentenced to concurrent crimes.

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