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(영문) 수원지방법원 2020.08.13 2019고단8137
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal power] On January 24, 2019, the Defendant was sentenced to a suspended sentence of one year in the Seoul Central District Court for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the judgment became final and conclusive on February 1, 2019.

【Criminal Facts】

No one shall engage in the business of obtaining contributions under an agreement to make payments for the total amount of contributions or an amount in excess thereof from many and unspecified persons in the future without obtaining authorization, permission, registration, reporting, etc. under Acts and subordinate statutes.

Nevertheless, on February 19, 2016, the Defendant, without obtaining authorization, permission, registration, report, etc. under the relevant statutes, made B to the inciting the authority of Suwon-si, the Defendant, “C Company is a company investing in FX-gu, with a high investment profit and with a clear guarantee of principal. In making an investment, 1% of the monthly profit dividends shall be given, and the investment amount shall be repaid after one year.” By soliciting B to make an investment to the effect that “B shall transfer KRW 24 million to the City Bank account in the name of D, and from June 1, 2015 to June 29, 2016, as stated in the list of crimes [attached Form], B and E shall transfer the total amount of KRW 99,000,000 to C Company’s investment funds, and shall be repaid after one year.”

Summary of Evidence

1. The legal statement B of the defendant in part of his court statement B and each police statement of the defendant in relation to E;

1. A personal investment agreement, a certificate of deposit, a statement of account transactions by the complainant, an Internet carbook printed materials, an investment agreement, a payment note, each mobile phone conversation, and each defendant's name;

1. Previous convictions in the judgment: Criminal records, investigation reports (26 No. 5 of the suspect's separate reports attached to the judgment of receiving the same kind of money, evidence list No. 26) and the defendant's defense counsel, and the defendant did not have an agreement to guarantee the principal of investors, such as B and E, and the defendant's investment recommendation does not constitute an act of receiving the principal without permission.

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