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(영문) 서울중앙지방법원 2018.02.12 2017고단438
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2017 Highest 438) No person shall engage in a business of importing investments under an agreement with many and unspecified persons to pay the total amount of investments or an amount in excess thereof in the future without obtaining authorization, obtaining registration, making a report, etc.

Nevertheless, on July 28, 2015, the Defendant agreed to make an investment in F, G, H, and I in the Seocho-gu Seoul Metropolitan Government D Building E (ju), as if the principal is guaranteed, to pay an amount exceeding the amount of investment in the future by soliciting investment, and to receive KRW 230,000,000 from the national bank account in the name of E (ju) to receive KRW 30,000 to April 30, 2016, including the transfer of KRW 230,000 to the national bank account in the name of E (ju), and the transfer of the object of investment to J, K, and other KOSDAQ, but not from the investment of financial products such as converted bonds and KOSDAQ listed companies. As a merchant bank, the Defendant received KRW 30,00,00 from April 30, 2016, and received KRW 307,700,000 and KRW 307,70,000.

Summary of Evidence

1. The defendant's legal statement (as at the trial date in the nine-time trial);

1. The legal statement of the witness C;

1. Each protocol concerning the examination of a suspect of L, M, N, orO prepared by the police;

1. Application of Acts and subordinate statutes to Q Q, written judgments, forms of monetary lending contracts, application forms, bareboat posts, and list of team members;

1. Article 6 (1) and Article 3 of the Act on the Regulation of Similar Receipt of Punishments and Relevant Acts concerning facts constituting an offense (comprehensive imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 32(1) and Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (related to the applicant for compensation).

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