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(영문) 서울중앙지방법원 2018.09.20 2018고단2854
유사수신행위의규제에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to six years of imprisonment by the Daegu High Court on March 25, 2010 due to a violation of the Act on the Regulation of Similar Receiving Acts, etc., and completed the execution of the sentence in the juvenile prison on March 13, 2015.

[2] No person is allowed to engage in a similar receiving business as a business of raising funds under the pretext of investments, etc. under the agreement to pay an unspecified number of persons in the future a total amount of investments or an amount exceeding the said amount without obtaining authorization, permission, registration, report, etc. under relevant Acts and subordinate statutes.

1. Defendant A and C’s joint criminal acts (victim D) committed on November 2016, in collusion with Defendant D, Defendant D purchased asset-backed securities issued by G (G; hereinafter “G”) that is a special purpose company of assets invested in developing countries’ real estate, etc. on the second floor of “F cafeteria” located in the Daegu Dong-gu, Daegu E-gu, Seoul, for the first time, on the second floor of “F cafeteria” to Defendant D. The securities shall be immediately increased by 2.5 to 4 times according to the type of package ki, and 1% per share shall be paid as profits.

After giving an explanation, "after November 4, 2016, 15,125,00 won was remitted from the injured party to the H’s account under the H’s name.

The Defendant, in collusion with C until January 4, 2017, received a total of KRW 150,089,190 from the injured party, as indicated in the list of crimes in attached Form 19 times, from the injured party, for the purpose of investment, and received a similar receipt for business purposes.

2. On January 22, 2017, the Defendants conspired with the Defendants to explain to the victim I as described in the above paragraph 1. In addition, the Defendants received KRW 3,575,000 on the same day from the victim, and KRW 9,559,000 on the following day from the victim to the L account in the name of each B (Account Number: M).

As a result, the Defendants conspired to receive a total amount of KRW 13,134,00 from the injured party for the purpose of investment.

Summary of Evidence

1. Partial statement of Defendant A and Defendant B’s legal statement

1.With respect to D and I, respectively.

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