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(영문) 서울중앙지방법원 2014.04.03 2013고단6276
유사수신행위의규제에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant operated B.

The Defendant, in collusion with C on August 22, 2012, in the B office located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) around August 2, 2012, “In our company will make investments in the hotel and casino in Thailand (12 million US dollars) and make profits therefrom. When investing in our company more than 10,00 US dollars (12 million US dollars), it will be paid without framework until 3% of the profits of the company would be 200% of the principal of the investment every day and 3% of the profits of the company. In addition, when attracting subordinate investors, it will be paid without framework the recommendation allowance, recommendation title allowance, and performance allowance according to the results set forth in the company. In particular, if investments are made in USD 10,000,000 per day, the principal of the investment shall be recognized as US$ 10,000,000 per day, 30% of the principal of the investment shall be paid as KRW 200,5081.28.

However, the fact is that most of the investments that B received from investors as a fund-raising company without authorization is bound to pay for the profits dividends of investors, various allowances, etc., and it is impossible to realize considerable profits within a short period due to the absence of assets or profit-making enterprises to pay high-amount dividends to investors, and even if investments are made in a situation where it is impossible to escape from bankruptcy unless the unlimited expansion of investors is made, there is no intention or ability to pay high-amount dividends.

Accordingly, the defendant was delivered property by deceiving the victim in collusion with C.

2. The Defendant in violation of the Act on the Regulation of Conducting Fund-Raising Business without Compensation in collusion with C on August 22, 2012 refers to “If it invests more than 10,000 U.S. dollars (12 million U.S. dollars) in the B office, it shall be paid without compensation from 3% per day until the amount reaches 200% of the principal invested.” From August 28, 2012 to September 2012.

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