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(영문) 수원지방법원 2016.09.28 2016고단2484
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the chief executive officer of the library of the E Co., Ltd. (hereinafter referred to as the “E”).

No one shall receive similar money from an unspecified person under an agreement to pay the total amount of investment or an amount in excess thereof in the future without obtaining authorization or permission under Acts and subordinate statutes.

Nevertheless, the Defendant did not obtain authorization or permission for banking business, etc. which can guarantee the principal and receive investments from many and unspecified persons in collusion with the above E EF, and, from around December 2014 to May 2015, the Defendant would make it possible for an unspecified number of victims to purchase the sports equipment and again entrust it to the company with the purchase of it through a monthly profit for 12 months from the maturity date, and to purchase the equipment from the company to pay the amount exceeding the principal without the framework.

The purpose of the “investment” was to recommend investment to the effect that the Plaintiff received KRW 87,900,000,000 in total from the victim I for the purpose of investment, including KRW 15,40,000,000 in total, and KRW 28,60,000 in two occasions from the victim J, and KRW 43,90,000 in total, five times from the victim K, through the H agency located in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Seoul-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made against I, L, or M;

1. A complaint, list of crimes, contract for trade of sports machinery, contract for escape commission of sports machinery siren, statement of sales and transactions by complainants, on-site photographs, and a detailed statement of suspect transactions;

1. Application of investigation reports (L Card Use Statements) Acts and subordinate statutes;

1. Articles 6(1), 3, and 2 subparag. 1 of the Act on the Regulation of Similar Receipt of Criminal Facts and Article 30 of the Criminal Act (comprehensive imprisonment with labor);

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is the chief executive officer of the Suwon.

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