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(영문) 대전지방법원 천안지원 2021.03.31 2021고단175
유사수신행위의규제에관한법률위반
Text

Defendant

A Imprisonment for 6 months, and fines for 3,000,000 won for Defendant Fisheries Company B.

(b).

Reasons

Punishment of the crime

Defendant

A fisheries company B is a corporation established for the purpose of production, distribution, processing, and sale of fishery products, and the defendant A is the representative director of the above fisheries company.

1. A person who agrees to pay the total amount of contributions or an amount exceeding such amount of contributions in the future from many and unspecified persons without obtaining authorization or permission under Acts and subordinate statutes shall not engage in similar reception of contributions, and he/she shall not indicate or advertise his/her business with many and unspecified persons in order to engage in similar reception of contributions;

From July 9, 2019 to August 2020, the Defendant posted an advertisement to the effect that “the creation of a small amount of investment KRW 30,000 won per month” and “a fixed profit of KRW 500,000 per month and guarantee of principal of investment agree to return the total amount of principal at the maturity of one year,” in C, D, etc. to an unspecified number of people in order to engage in a similar receiving act. In order to engage in a similar receiving act, the Defendant agreed to pay the total amount of investment or an amount exceeding the amount of investment, and received KRW 20,000 from around that time to August 21, 2020, the Defendant received KRW 260,000 from the total amount of KRW 126,160,000 from the account in the name of a fisheries company B, as shown in the attached crime list.

2. The Defendant Company B, at the same time and place as the preceding paragraph, committed the same offense as that of the Defendant’s business in relation to the Defendant’s business.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accusation, including the Defendants’ legal statement investigation report (the details of investment submitted by the accused), investigation report (the submission of suspect entry and departure information), transaction details, etc.

1. The relevant Article of the Act and the defendant A who has the option to commit the crime: The act of receiving the crime similar;

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