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(영문) 부산지방법원 2015.06.19 2015고단1527
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Between September 10, 2012 and November 7, 2014, the Defendant established and operated a company of the trade name called (StateE) E to attract investment funds to unspecified persons under Article 602 of the Busan annual building D.

1. On November 30, 2012, the Defendant made a false statement to the victim F in the above E office that “This Company receives a successful bid for the auction goods from the court, and raises a considerable amount of profit by selling them, thereby paying a dividend of 3 to 10% per month for the invested amount, and return the invested principal without any mold, if requested one month prior to the filing of a request for the investment principal.”

However, the defendant did not have a specific investment plan and could not secure a minimum amount of funds, and even if a new investor received an investment fund, it is a business structure that has no choice but to pay dividends to existing investors rather than business investment, and there was no particular property or fixed income. Therefore, there was no intention or ability to pay the profits of the interest rate promised to the victims, or to return the principal of the investment.

As above, the Defendant, as well as the Defendant, by deceiving the Victim F and receiving KRW 10 million from the victim for the same day as investment money, was given a total of KRW 129,50,000,000 from October 31, 2012 to June 3, 2013 in the same manner as the list of crimes (1) in attached Form 7, by the same manner as the victim’s list of crimes (1) was written.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission under Acts and subordinate statutes shall make an agreement to pay the whole amount of future contributions or an amount in excess thereof from many and unspecified persons as a business of importing investments

Nevertheless, the Defendant, in collusion with G and H, established the (ju) E to attract investors from around October 31, 2012 to June 3, 2013, in collusion with G and H. In the same manner as the above paragraph (1).

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