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(영문) 부산지방법원 2017.09.21 2017고단2906
유사수신행위의규제에관한법률위반
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

[Defendant B] The defendant shall be punished by a fine of 2.5 million won.

Defendant.

Reasons

Punishment of the crime

No one shall make an agreement to pay the total amount of contributions or an amount in excess thereof in the future without obtaining authorization or permission, making registration, or making a report, etc. under other Acts and subordinate statutes, and engage in business of receiving contributions from many and unspecified persons and conducting any similar receipt of contributions.

The Defendants conspired in sequence to receive similar amounts under the name of P and P Co., Ltd. P, the representative director of P Co., Ltd. and P Co., Ltd., the Busan Shipping Daegu N, and subsequently, determined that P will take charge of overall management of investment, etc. and the Defendants will take charge of investment solicitation and investment explanation.

Defendant

A According to the above public offering, around July 20, 2015, R is a company that imports and sells sports clothing and operates a large number of stores directly in Korea.

A large amount of money may be punished if a person imports and sells miscellaneous goods, such as clothes, shoes, etc. manufactured by a foreign brand S, etc.

If investment is made, 20% of the investment amount will be paid in full through 8 weeks with earnings.

10,000,000 won was remitted from R to P-name deposit account on the same day as the investment.

In addition, the Defendants were transferred KRW 8,114,221,00 in total as an investment amount of KRW 1,00 from June 4, 2015 to December 27, 2015, as shown in the list of crimes in attached Form 1,095.

As a result, the Defendants conspired with P to receive a similar act.

Summary of Evidence

1. The Defendants’ respective legal statements (Defendant A twice, and Defendant C’s partial statements)

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning the examination of some police officers against Defendant B, C, D, and E;

1. Statement made by the police;

1. Each complaint, each copy of each complaint, and each fact-finding certificate;

1. The main text of the integration of nine account details with solicitation investors A, P, and other nine accounts (after set).

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