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(영문) 서울중앙지방법원 2017.08.22 2016고정3839
유사수신행위의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person who outlines the facts charged shall engage in business of importing contributions under an agreement with many and unspecified persons to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission or making registration or report;

Nevertheless, on August 21, 2015, the Defendant is a company investing in G in the F (State) office located in Seocho-gu Seoul, Seocho-gu, Seoul. “F is a company investing in G in a large number of KOSDAQ-listed companies, such as H and I, and the subject of investment is limited to the investment in financial instruments, such as converted bonds and KOSDAQ-listed companies, and has reached the business of Ethiopib farm, China, and Vietnam Exchange Holdings. As a merchant bank, the Defendant pays a fixed interest on a monthly basis and guarantees high income.

The agreement to make an investment to pay an amount exceeding the investment amount in the future by soliciting the investment to the effect that “, from the time on April 15, 2016, received KRW 10,000 from the National Bank account in the name of F (State) as an investment deposit, and received KRW 46,400,000 in total from that time until April 15, 2016, imported KRW 39 times as shown in the List of Offenses.

2. According to each evidence duly adopted and examined by this Court, the Defendant is recognized as the head of the business team belonging to K, who is the representative director of the JJ with interest on the F Center head, and the head of the business team belonging to K, who recruited investors and received certain fees in return.

However, the following circumstances acknowledged by each of the above evidence, namely, the Defendant, without knowledge about the operation and management of the investment funds of each of the instant companies, its revenue structure, and the internal circumstances of each of the instant companies, was provided by K with education on investment goods, and recruited investors based on such education, and the commission therefor.

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