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(영문) 부산지방법원 2015.08.12 2015고정2318
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall conduct an act of importing contributions as a business under an agreement to pay the total amount of future contributions or an amount in excess thereof from many and unspecified persons without obtaining authorization or permission pursuant to Acts and subordinate statutes.

Nevertheless, around September 2012, the Defendant established a mutual company B 602, Busan, Busan, with C and D, to invite investors to an unspecified person. D has invested KRW 50 million in the company's capital, and has been in charge of attracting investors by joining the Defendant. The Defendant recruited investors, and C has recruited to directly attract investors through investor recruitment and investment explanation.

Defendant, C, and D, at the above E office around November 30, 2012, received by the Defendant from the victim F, who was introduced by the Defendant, saying, “This Company is awarded a bid at the court’s auction goods and then raises a considerable profit from selling them, this Company shall pay the dividend of 3-10% per month for the amount invested, and if the investment principal is requested before one month, it shall return the investment principal without any mold,” and received KRW 10 million for the same day as the investment money. In addition, from October 31, 2012 to June 3, 2013, the Defendant received KRW 129.5 million in total as the investment money from 7 victims in the same manner as in the attached list of crimes, as shown in the attached list of crimes, from October 31, 2012 to June 3, 2013.

Accordingly, the defendant agreed to pay more money than the amount of investment in collusion with C and D, and he received money without delay.

Summary of Evidence

1. Defendant's legal statement;

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

1. The prosecutor's statement concerning the F;

1. Each police statement made to G, H and I;

1. Police seizure records;

1. A criminal investigation report (report accompanying documents submitted by a suspect), a criminal investigation report (attached documents and telephone conversations), and a criminal investigation report (attached documents of details of transactions submitted by a suspect);

1. A copy of the Busan Bank passbook; and

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