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(영문) 서울중앙지방법원 2017.04.14 2016고정3887
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one shall engage in 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 or permission, making registration, reporting, etc.

Nevertheless, around September 3, 2015, the Defendant, as Seocho-gu Seoul Metropolitan Government Seocho-gu, agreed to make an investment in B at the main office of 397 DFM Kaco D D, to pay an amount exceeding the amount of investment to B, including the company investing in DB bonds to be converted, and the subject of investment to be converted bonds, and financial instruments investment to be converted bonds and KOSDAQ-listed companies, but not limited to Ethiopi farms, China, and Vietnam SweB business, and the merchant bank is a merchant bank, which received 3 months of “KMM partner” and 6 months of “the monthly interest payment and high-income payment will be guaranteed,” and received 00 days in total from 200,000,000 won and 400,000,000,000 won and 200,000,000,000 won and 40,000,00,000,00 won.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the statutes on business details, a monetary loan agreement, and a copy of relevant evidence;

1. Article 6 (1) and Article 6 (3) of the Act on the Regulation of Similar Receipt of Punishment and the Optional Receipt of Punishment (generally, selection of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the Defendant paid part of the victims for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, but the Defendant is about KRW 27 million due to the instant crime.

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