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(영문) 서울중앙지방법원 2016.12.19 2016고정2794
유사수신행위의규제에관한법률위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the Seoul Headquarters of the Agricultural Company C Limited (hereinafter referred to as the "C") of the Agricultural Company C (hereinafter referred to as the "PP") in the following cities: and D is the representative director of the said Company.

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

Nevertheless, the Defendant, in collusion with D on November 16, 2014, received 73,002,000 won in total over 304 times from around the time following that year, including supporting investment briefing sessions and investor solicitation as the representative of D, while the Defendant, in collusion with D, received 73,00,00 won in total from 30,00 won in total, including 10,000 won per unit, 10,000 won per unit, 7,000 won after that day, and 60,000 won after that day.

As a result, the Defendant conspired with D without obtaining authorization or permission under other Acts and subordinate statutes, or making registration or report.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A complaint;

1. The police statement concerning F;

1. Application of an account transaction statement and business registration certificate statute;

1. Relevant Articles 6 (1) and 3 of the Act on the Regulation of Illegal Receipt of Criminal Crimes, Articles 6 (1) and 3 of the same Act, Article 30 of the Criminal Act, and the selection of fines (generality);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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