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(영문) 서울중앙지방법원 2018.04.11 2018고단703
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for 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

No person shall receive contributions by entering into an agreement to provide funds in the future from many and unspecified persons without obtaining authorization or permission under relevant Acts and subordinate statutes or without making registration or report, in order to raise funds.

The defendant is the head of C's Y Center that solicits investment funds from many unspecified persons, and D is a staff member in charge of the job of soliciting investors of the Center.

around March 2015, the Defendant instructed D to pay the fixed earnings of the Party at 6% per month from the profits earned from the FX M& transaction in Gangnam-gu Seoul, Seoul, and to return the principal after 18 months, and D to invite investors in accordance with the direction of the Defendant, as above, received the investment amount of KRW 37.5 million from the F account in the name of the Defendant’s use from around 11, 2015 to July 31, 2017, and received the investment amount of KRW 263,318,000 in total from around 11, 2017 to the F account in the name of the Defendant’s use of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 6 (1) and Article 6 (3) of the Act on the Regulation of Similar Receiving of Punishments and the Optional Receiving of Crimes (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The scale of confession, receipt of similar facts, degree of participation, record of crimes, etc.);

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