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(영문) 인천지방법원 2012.09.07 2011고단6620
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No one shall engage in a business of raising funds from many and unspecified persons without obtaining any authorization or permission, or making any registration or report, etc. under other Acts and subordinate statutes.

Around April 2008, the Defendant agreed to create a annual interest rate of 24% with welfare when investing KRW 100 million to D, and agreed to return the above earnings and the investment principal after one year, and operated a business to raise funds from many unspecified persons without obtaining authorization or permission under other Acts and subordinate statutes or without filing registration or report, etc. as shown in the list of crimes in attached Table from August 30, 2006 to January 2, 2009, including the receipt of KRW 397,60,000 from five persons as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F, D, G, and H;

1. Application of Acts and subordinate statutes governing cash custody certificates, details of passbook transactions, each deposit certificate, each notarial deed of promissory notes, and cash custody certificate;

1. Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, inclusive, with respect to the relevant criminal facts;

1. Selection of alternative punishment, conviction and reason for sentencing;

1. The defendant and his defense counsel asserted that the defendant's act of receiving money from the victims was leased, and it is not against the unspecified multiples, and therefore it is not an act of receiving money.

An act of fund-raising prohibited by the Act on the Regulation of Conducting Fund-Raising Business without Permission or Permission under other Acts and subordinate statutes (hereinafter referred to as the "the same Act") is prohibited, and the act of receiving money by promising the victims to pay the total amount of the principal of the capital or an amount in excess thereof without permission or registration or report under other Acts and subordinate statutes, and the act of raising money by promising the victims to pay the principal and an annual interest rate of 24% is immediately applicable.

(b).

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